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HomeMy WebLinkAboutAECOM Technical Services Inc; 2019-01-14; PSA19-697TRANPSA19-697TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR LA COSTA AVENUE RESTORATION MONITORING AND REPORTING SERVICES PROJECT NO. 6602 THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and AECOM TECHNICAL SERVICES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in biological monitoring and reporting. B. Contractor has the necessary experience in providing professional services and advice related to biological monitoring and reporting. 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. 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 eighteen thousand two hundred dollars ($18,200). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 14th January PSA19-697TRAN City Attorney Approved Version 6/12/18 2 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN City Attorney Approved Version 6/12/18 3 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Daniel Zimny Name Jessica Fernandes Title Associate Engineer Title Project Manager Department Public Works Address 401 West A Street Suite 1200 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 619-610-7600 Carlsbad, CA 92008 Email jessica.fernandes@aecom.com Phone No. 760-602-7551 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN City Attorney Approved Version 6/12/18 5 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN City Attorney Approved Version 6/12/18 6 Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms 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. /// /// /// /// /// DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN City Attorney Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California AECOM TECHNICAL SERVICES, INC., a California corporation By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Bill Graham, Principal (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: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 PSA19-697TRAN EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 AECOM 401 West A Street Suite 1200 San Diego, CA 92101 www.aecom.com 619.610.7600 tel 619.610.7601 fax December 11, 2018 Mr. Daniel Zimny Assistant Engineer Public Works Department City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 RE: Scope of Work and Fee for La Costa Avenue Storm Drain Replacement Temporary Impact Restoration Monitoring and Reporting Dear Mr. Zimny: The restoration professionals at AECOM Technical Services Inc. (AECOM) are pleased to have the opportunity to continue to support the City of Carlsbad (City) for the La Costa Avenue Storm Drain Improvements Project (project). The City is currently in the process of replacing a storm drain along La Costa Avenue at asset 52D-S201. Post-construction habitat restoration will be implemented consistent with the approved Restoration Plan. The City anticipates the need for restoration monitoring and reporting to evaluate progress over time and satisfy Plan requirements. The AECOM scope of work for these services is provided in Attachment A (Years 1 and 2, December 2018 through November 2020). AECOM understands that restoration implementation efforts (seeding, weeding, etc.) will be performed by others, so it is not included in this scope of services. AECOM is a full-service restoration firm, so if implementation services are deemed necessary at a later time, they can be negotiated through a contract modification. The proposed fee for this Work Order is $18,200.00 (see Attachment B for estimated labor hours and expenses). To date, AECOM has supported the City via an existing Master Services Agreement. A new contract vehicle is being negotiated at this time, assumed to have identical terms and conditions, and a new standard rate sheet that will be valid through December 31, 2020. AECOM anticipates invoicing the City on a monthly basis for time and materials expended. AECOM understands the importance of this project and will work with the City to expedite the project schedule to the extent feasible. Sincerely, Jessica Fernandes Michelle Fehrensen Project Manager Project Director Teri Fenner is an authorized representative of AECOM and can negotiate the contract on behalf of AECOM. Teri Fenner, Vice President Attachments: A – Scope of Work B – Fee DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 ATTACHMENT A SCOPE OF WORK DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 A-1 ATTACHMENT A SCOPE OF WORK LA COSTA AVENUE STORM DRAIN REPLACEMENT TEMPORARY IMPACT RESTORATION MONITORING AND REPORTING The scope, fee, and schedule for Years 1 through 2 Restoration Monitoring and Reporting for the La Costa Avenue Storm Drain Replacement Temporary Impact Restoration Project (project) is described below. The project will restore approximately 11.5 square meters of coastal sage scrub habitat along the slope adjacent to Batiquitos Lagoon on the northern side of La Costa Avenue, approximately 175 meters east of the intersection with Piraeus Street. This area was temporarily impacted by the replacement of a new storm drain (located at Asset 52D-S201). The area to be restored abuts the Batiquitos Lagoon State Marine Conservation Area. Additionally, restoration will occur on the south side of La Costa Ave., in the area disturbed by project construction. This contract is to provide monitoring and reporting support for the restoration element of the project in accordance with the 2018 Restoration Plan for the La Costa Storm Drain Replacement Project prepared by AECOM. Monitoring and Reporting are expected to commence in December 2018 and continue through mid- November 2020, per the California Department of Fish and Wildlife (CDFW) Right of Entry permit for the project. SCOPE OF WORK Restoration Monitoring and Reporting After the completion of construction, the restoration ecologist will conduct the following restoration monitoring visits (eight predetermined events plus up to two others for rain events/requested meetings • After construction in the area is completed and before seeding begins • After seeding and before the plant establishment period begins • At monthly intervals during the first 90 days (three visits) • At the end of the 90-day plant establishment period • At the end of Year 1 and 2 of the 2-year maintenance period (two visits) • Up to two additional site visits as necessary after heavy rains or for on-site meetings with City Representatives if requested During the initial visit, the restoration ecologist will establish permanent photo points and make recommendations for site preparation prior to restoration. As part of the eight predetermined visits, after installation is complete, the restoration ecologist will visit to confirm that seed or container plants have been installed properly. During each site visit thereafter, the restoration ecologist will document percentages of native and nonnative cover, note invasive weed presence, document health of container plants, note best management practice needs and remove trash observed on-site. Following each restoration monitoring visit, the restoration ecologist will send the City an observation report detailing topics such as recommendations for the replacement of dead or diseased plants, weeding, irrigation scheduling, erosion control needs, additional trash removal, and pest control. In addition, the DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 A-2 restoration ecologist will coordinate with the maintenance contractor, if work is necessary. An Annual Monitoring Memorandum will be prepared by AECOM and submitted to the City within 30 days of the end of each monitoring year. The Annual Monitoring Memorandum will include figures, qualitative and quantitative data results, representative photographs, a review of the site's progress compared to the success standards, and restoration recommendations if necessary. Should the site not attain the final success standards at the end of Year 2, recommendations for remedial activities will be included in the Year 2 Annual Monitoring Memorandum. AECOM will respond to two rounds of comments from the City. Reports will be provided in digital format only (PDF and Word files). Assumptions: • A total of eight pre-determined site visits will be conducted by the restoration ecologist. • Site visits are assumed to require 2 to 4 hours in the field. • After each site visit, a daily observation report will be sent via email to the client. • No more than two additional monitoring visits will be conducted, including site meetings. • Achievement of success criteria is the responsibility of the City's Contractor. If success criteria are not met at the end of Year 2, a contract modification would be necessary for AECOM to continue monitoring and reporting for the project. Schedule and Deliverables This project is expected to last for 2 years and include restoration monitoring and reporting. The start date for this contract is anticipated to be December 15, 2018 (assuming the Notice To Proceed is received in writing by the City on this day and contract terms are identical to the terms in place for existing work) and is expected to end November 15, 2020, in accordance with the CDFW Right of Entry permit for the project. Annual reports will be submitted no later than 30 days after the end of the project year for each restoration year. Fee Estimate The fee to perform the scope of work described above is $18,200.00. A detailed breakdown of labor and expenses by task is provided in Attachment B. The rate categories in Attachment B are valid through 2020. DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 ATTACHMENT B FEE DocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 ATTACHMENT B – FEEEnvironmental Services for La Costa Avenue Construction Monitoring Project Submitted by: AECOM, Inc.December 11, 2018AECOM Rate Hours Costs Hours CostsBiologist IV $150.0010$1,500 10 $1,500Biologist III $125.0087$10,875 87 $10,875GIS Specialist II $90.004$360 4 $360Technical Editor/Word Processor II$100.008$800 8 $800Project Manager III$120.0032$3,840 32 $3,840TOTAL AECOM LABOR 141 $17,375 141 $17,375Project ExpensesCost CostVehicles and/or Mileage/gas$75.00 11 $82511 $825PROJECT EXPENSES COST $0 $825AECOM MARKUP ON EXPENSES0%$0 $0TOTAL PROJECT EXPENSES COST $825 $825TOTAL AECOM LABOR & OTHER DIRECT COSTS$18,200 $18,200Task 1- Restoration Monitoring TotalDocuSign Envelope ID: 20F813F2-0BD9-4D5A-9AF1-BFAC6AA41B12 0C)R DATE (MMIDD/YYYY)A RDCERTIFICATE OF LIABILITY INSURANCE 0/121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNAET Marsh Risk & Insurance Services NHONEFA CA license #0437153 C. No. Exv (A/C, No:777 South Figueroa Street E-MAIL Los Angeles, CA 90017 ADDRESS: Attn: LosAngeles.CertRequest@Marsh.Com INSURER(S) AFFORDING COVERAGE NAIC # CN101348564-STND-GAUE18-19 04 2022 INSURER A: ACE American Insurance Company 22667 INSURED ACMINSURER B: N/A N/A AECOM Technical Services, Inc. INSURER C: Illinois Union Insurance Co 27960 401 West A Street, Suite 1200 INSURER D: SEE ACORD 101San Diego, CA 92101 ISRRE INSURER F: C O V E R A G E S C E R T I F I C A T E N U M B E R :IN S R E R 5 4 2 -0 F :I I N U B R 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 ADDLS~UBR POLICY EFF POLICY EXPLTR TYPE OF INSURANCE INS AM POLICY NUMBER (MMIDDYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71093669 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 D7 DAAE To RENTEDCLAIMS-MADE LfJ OCCUR PRMIES (ER ccurrene $ 2,000,000 ___________________________MED EXP (Any one person) $ 5,000 _____________________PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 XPOLICY 0 PRO- D LOC PRDCS-CM/PAG$4,000,000 OTHER: I$ A AUTOMOBILE LIABILITY ISA H25157229 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $ 1,000,000(Es accident) ___________ X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $5AUTOS ONLY AUTOSHIRED NON-OWNED PROPERT DAMAGE $AUTOS ONLY AUTOS ONLY Per acdet $__________ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS ULAB CLAIMS-MADE AGGREGATE $ _DED I IRETENTION $ r$ D WORKERS COMPENSATION SEE ACORD 101 ~71~W 04/01/2019 XI PERTE 0TH-AND EMPLOYERS' LIABILITY STAUT EANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000OFFICER/M EMBER EXCLUDED? [_NjN/A A (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ 1,000,000 if yes, describe under 1000DESCRIPTION OF OPERATIONS below __________E.L. DISEASE -POLICY LIMIT $10000 C ARCHITECTS &1 ENG. EON G21654693 04/01/2018 04/01/2019 Per Claim/Agg $1,000,000 PROFESSIONAL LIAB. "CLAIMS MADE" Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: AECOM Project No: 60335018; Client Reference No: TRAN1 138; AECOM Project Name: Farol Court Drainage Improvement City of Carlsbad is named as additional insured for GL coverage, but only as respects work perfonned by or on behalf of the named insured and where required by written contract. This insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to the GL coverage. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/C WMD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREdo EXIGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INPD Box 4668 ACCORDANCE WITH THE POLICY PROVISIONS. ECM #35050 New York, NY 101 63-4668 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services James L. Vogel - @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101348564 LOC #: Los Angeles Ac(:>RD: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk & Insurance Services AECOM __________________________________________________AECOM Technical Services, Inc. POUCY NUMBER 401 West A Street, Suite 1200 San Diego, CA 92101 CARRIER NAIC CODE EF CTV DA : ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 295 FORM TITLE: Certificate of Liability Insurance Workers Compensation/Empioyer Liability coat. Policy Number Insurer States Covered WLR C64788759 Indemnity Insurance Company of North America -NAIC # 43575 AOS WLR C64788723 ACE American Insurance Company -NAIC # 22667 CA and MA SCF C64788747 ACE American Insurance Company -NAIC # 22667 Wi Retro WCU C64788802 ACE American Insurance Company -NAIC # 22667 OH-, Ohio Qualified Self Insured (051) -SIR: $500,000; Only applicable to specific qualified entities self-insured in the state of Ohio ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDO.G71 093669 Endorsement Number. 3 COMMERCIAL GENERAL. LIABILITYCG 20.26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Na me Of Additional I nou red Perso n(s) Or Organization(s): Any person or organization whom you haveagreed to include as an additional insured under a written contract.. provided such contract was executed prior tothe date of loss. Information required to cornplete this Schedule, if not shown above. will be shown in the. Declarations. A. Section 11 -Who. Is An Insured is amended to B. With respect to the insurance afforded to theseinclude as an additional insured thie person(s) or additional insureds, the following is added tooranization(s) shown in the Schedule, but only Section III -Limits Of Insurance:with respect to. liability for "bodily injury', "property If coverage provided to the additional insured isdamnage' or "personal and advertising injury" required by A contract or agreement, 'the most wecaused, in whole or in part, by your acts or will pay on behalf of .the additional insured is theomissions or the acts or omissions of those acting amount of insurance:on your beohalf- 1.Rqie- y hecnrcoagemtr1. In the performance of your ongoing operations; 1 eurdb h otato gemn;oor 2. Available under the applicable Limits of 2. In connection with your premises owned by or Isrnesoni h elrtos rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicableLitso'nurce hwnnte insured only applies. to the extent permitted by elrtoslaw. and 2. If coverage provided to the additional insured isrequired by a contract or agreement, the insurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agr'eemenit toprovide for such additional insured. CG 20 26 04 13 (0 Insurance Services Office, Inc,, 2012 Pa el1of i POLICY NUMBER: HDO G71093669 Endorsement Number: 11 COMMERCIAL GENERAL LIABILITY CS620 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Tis enidorsemnent modifies: insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE .PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that thi insurance would be contrary: primary and would niot 'seek contributioni PriaryAri Noconribtor Inuracefrom any. other insurance available to. thePrimry nd oncntriutoy Isurnceadditional insured.This insurance is primary to and WIII not seek contribution from any other insurance- available to an additional insured under your policy provided that: (Ij The additional insured is a Named Insured under such other insurance; and. CG 20 01.04 13 © Insurance Services Office, Inc., 2012 Page I olf I 999 TOWN & COUNTRY ROAD ORAN( r CA 92860WR i~erC4872 Prilwy Pgaw Efbecl rate of rctrwcol04-G'I-201fi T 04.01-2018 IMUZti(4In DrtsuflC ACE AMERIC AN INSURANCE COtAPANY __________ CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This end~rsement applies only to the in4urnne provided by: The policy because Calibhruia is shown in Iter 1.A. of theInformaion Page. We have the right to rccover our payninis-from anon iable for an injury covered by this policy, WVo will vot enorce our tight.against the person or irganizaiiion tpamed in. lie Schedule, but this waiver applies only with re~pe. to bo iiury arising outoFihe-operations described in thia Sahedule,,whcre you are required by a writlen contact ic obtain this waiver, from us. You must maintain Payroll records accuratcly segragaling the remulteration of your employees -while engaged in the workdescribed in the Schedule. Schadule 1. -)Specific Waiver Wafleof porsort or organizal ion: (X Blanket Wa iverAny person or organi~mfion for whom the Named Insured has agreed by written contract to furnish thiswaiver ALL OPERATIONS CONDUCTED avY AN INSURED PURSUANT TO SUCH VVTTEN CONTRACT 3. Premium, The premium charge for dIis endorservent shall be 20 _percent of the California premium developedon payroll in connect ion with wokprimdfrteaoepros)oognzins rsngutfthoperations &iscribed. rprordfr h bvpeon)Orrrztinsaiihgo fth 4. Minimum 'Prqmium :$0