HomeMy WebLinkAboutKennedy/Jenks Consultants Inc; 2021-11-30; PSA22-1642CADocuSign Envelope ID: AB69AF99-FD78-4AED-8604-7E5CE5E68C5D (Attachment BB)
PSA22-1642CA
MASTER AGREEMENT FOR WASTEWATER ENGINEERING SERVICES KENNEDY/JENKS CONSULTANTS, INC.
THIS AGREEMENT is made and entered into as of the ______ day of
________ , 2021, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Kennedy/Jenks Consultants, Inc., a California corporation, hereinafter referred to as "Contractor."
RECITALS
A.City requires the professional services of a consulting firm that is experienced in
the wastewater engineering field.
B.The professional services are required on a non-exclusive, project-by-project
basis.
C.Contractor has the necessary experience in providing professional services and
advice related to wastewater engineering.
D.Contractor has submitted a proposal to City under Request for Qualifications(RFQ) No. 21-1449CA 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.
Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below).
2.STANDARD OF PERFORMANCE
While performing the Servi9es, 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 whileexercising its professional skill and expertise.
3.TERM
The term of this Agreement will be effective for a period of three (3) years from December 1, 2021,through November 30, 2024. The City Manager may amend the Agreement to extend it for one(1)additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactoryreview of Contractor's performance, City needs, and appropriation of funds by the City Council.The parties will prepare a written amendment indicating the effective date and length of the
extended Agreement.
4.PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten(10)days after receipt of notification to proceed by City and be completed within the time specifiedin the Task Description for the project (see paragraph 5 below). Extensions of time for a specific
1 of 13
30thNovember
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
Task Description may be granted if requested by Contractor and agreed to in writing by the City
Manager or the Division Director as authorized by the City Manager ("Director"). The City
Manager or Director will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused
by City inaction or other agencies' lack of timely action. In no event shall a specific Task
Description exceed the term of this Agreement.
5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not exceed three
hundred thousand dollars ($300,000) per Agreement term. Fees will be paid on a project-by-
project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior
to initiation of any project work by Contractor, City shall prepare a Project Task Description and
Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City
Manager or Director, will be considered a part of this Agreement. The Task Description will include
a detailed scope of services for the particular project being considered and a statement of
Contractor's fee to complete the project in accordance with the specified scope of services. The
Task Description will also include a description of the method of payment and will be based upon
an hourly rate, percentage of project complete, completion of specific project tasks or a
combination thereof.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
2 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any willful misconduct
or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's indemnification
obligations under this Agreement. City, its officers, agents and employees make no representation
that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement
are adequate to protect Contractor. If Contractor believes that any required insurance coverage
is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense. The full limits available to the named insured shall also
be available and applicable to the City as an additional insured.
10.1 .1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit. The limits for Commercial General Liability can be achieved through a
combination of primary and excess or umbrella liability insurance, provided that such coverage
will result in the same or greater coverage as the coverage required under this Section.
10 .1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's
work for City). $2,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
3 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
10.1.4 Professional Liability. Errors and omIssIons liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
4 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement are:
For Cit~{ For Contractor:
Name Eleida Felix Yackel Name Corey Young, Principal-in-Charge
Title Senior Contract Administrator Title Project Manager
Dept Public Works Address 9325 Sky Park Court,
Suite 300
CITY OF CARLSBAD San Diego, CA 92123
Address 1635 Faraday Avenue Phone 858-676-7505
Mobile 619-7 09-0380
Carlsbad, CA 92008 Email CoreyYoung@kennedyjenks.com
Phone 760-602-2767
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
YeslxJ No D
17. . GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed offederal, 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
5 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City at the address contained in this Agreement. City will make
a determination of fact based upon the work product delivered to City and of the percentage of
work that Contractor has performed which is usable. and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
6 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
26. PUBLIC AGENCY CLAUSE
Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized
by its governing body, shall have the option to participate in this contract at the same prices,
terms, and conditions. If another public agency chooses to participate, the term shall be for the
term of this contract, and shall be contingent upon Contractor's acceptance. Participating public
agencies shall be solely responsible for the placing of orders, arranging for delivery and/or
services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal
Water District shall not be liable, or responsible, for any obligations, including but not limited to
financial responsibility, in connection with participation by another public agency.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
7 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5O
PSA22-1642CA
EXHIBIT "A"
SCOPE OF SERVICES
Perform a variety of wastewater engineering tasks as outlined in individual Project Task
Description & Fee Allotments (PTD&FA) related to the following:
A. Design of Gravity Sewers, Lift Stations, Force Mains and Surge Protection and Odor
Control Systems
B. Sewer System Rehabilitation
C. Electrical Upgrades and Optimization Studies for Lift Stations
D. Constructibility Review
E. Regulatory Agency Compliance Support/ Reports/ Studies
Requests for work not listed above must be contracted under separate agreement.
9 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
Kl I Kennedy Jenks
Rate Schedule Discipline 18 & 19
Kennedy Jenks
Mission Consulting Services
DHK Engineers
10 of 13
PSA22-1642CA
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
Client/Address: City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Project: Master Agreement Consulting Services (RFQ21-1449CA)
Custom Schedule of Charges
PERSONNEL COMPENSATION
Classification
PSA22-1642CA
Date: 5/28/2021
Hourly Rate
Engineer-Scientist-Specialist 1 ........................................................................... $130
Engineer-Scientist-Specialist 2 ........................................................................... $165
Engineer-Scientist-Specialist 3 ........................................................................... $185
Engineer-Scientist-Specialist 4 .............................. , : ........................................... $200
Engineer-Scientist-Specialist 5 ................................................. : ......................... $220
Engineer-Scientist-Special ist 6 ........................................................................... $245
Engineer-Scientist-Specialist 7. .......................................................................... $260
Engineer-Scientist-Specialist 8 ........................................................................... $290
Engineer-Scientist-Specialist 9 ........................................................................... $305
Construction Manager ......................................................................................... $260
Construction Inspector ....................................................................................... $210
CAD-Technician ................................................................................................ $120
Senior CAD-Technician ........................ , ............................................................ $140
CAD-Designer ................................................................................................... $155
Senior CAD-Designer ... , .................................................................................... $175
Project Administrator ......................................................................................... $130
Administrative Assistant. .................................................................................... $110
Aide ..................................................................................................................... $85
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus
teri percent for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies
related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Project specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used iri connection with the work will be at the federally approved mileage rates or at a
negotiated monthly rate.
If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the
Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
11 of 13
DocuSign Envelope ID: AB69AF99-FD7B-4AED-8604-7E5CE5E68C5D
PSA22-1642CA
HOURLY RATE SCHEDULE
Submitted by: DHK Engineers, Inc. -------=---'------
Labor Category
Senior Project Manager
Senior Engineer
AS-NEEDED CONTRACT
CY 2021-2023
Designer/Lead Field Tech
Field Tech
Field Support
Administration/Clerical Support
DHK ENGINEERS, INC.
1851 Skyhill Place
Escondido, CA 92026
(760) 747-9553
13 of 13
(Name of Firm)
Hourly Rate
$/hr
$ 194
$ 169
$ 137
$ 103
$ 92
$ 74
CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required)
THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE ADDITIONAL INSUREDS AS
RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS
REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN COVERAGE IS EXCESS OF AND
NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS THE USE
OF VEHICLES OWNED BY KENNEDY/JENKS CONSULTANTS, INC. AS REQUIRED BY WRITTEN CONTRACT.
WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED
BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. THE UMBRELLA LIABILITY IS FOLLOW FORM
OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY PER THE POLICY TERMS,
CONDITIONS AND EXCLUSIONS.
ACORD 25 (2016/03) Certificate Holder ID: 15665657
Attachment Code: D501716 Certificate ID: 15665657
POLICY NUMBER: GL05833581 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):
THE CITY OF CARLSBAD AND CARLSBAD
MUNICIPAL WATER DISTRICT, WHERE REQUIRED
BY WRITTEN CONTRACT
Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations
A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or
orga nization(s) shown in th e schedule, but only with respect to liability for "bod ily injury", "property
damage" or "personal and advertising injury" 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 for the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply: This insurance does not apply to "bodily inj ury" or "property damage" occurring after:
3. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the covered operations has been completed; or
4. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractors or subcontractor
engaged in performing operations for a principal as a part of the same project.
U-GL-1114-A CW (10/02)
Attachment Code: D501717 Certificate ID: 15665657
POLICY NUMBER: GLO5833581 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESS _EES OR
CONTRACTORS -COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additionallnsured Person(s) Or Location And Description Of Completed Operations
Ore:anization( s)
THE CITY OF CARLSBAD AND CARLSBAD
MUNICIPAL WATER Dl?TRICT, WHERE REQUIRED
BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II -Who Is An Insured is amended to include as an
additional insured the person(s) or organization(s) shown in
the Schedule, but only with respect to liability for "bodily
injury" or "property damage" caused, in whole or in part, by
"your work" at the location designated and described in the
Schedule of this endorsement performed for that additional
insured and included in the "products-completed operations
hazard".
U-GL-1114-A-CW (10/02)
Attachment Code: D49!037 Certificate ID: 15665657
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
POLICY # WC9326878
WC 00 0313
(ED. 04-84)
WAIVER OF OUR RIGHTS 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 .
This endorsement changes the policy to which it is attached and if effective on the date issued unless
otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the
policy.)
Endorsement EffDate: 10/1/2021
Effective Policy No: WC9326878
Endorsement No: NIA
Premium$: NI A
Insured: Kennedy/Jenks Consultants, Inc.
Insurance Company: Zurich American Ins. Co.
WC124 (4-84)
WC 00 0313