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HomeMy WebLinkAboutContracts & Agreements_38-2021AGREEMENT TO PERFORM CONFIDENTIAL PROFESSIONAL ENGINEERING SERVICES This agreement for the provision of a confidential professional engineering condition assessment of the Mission Zanja Channel (` Agreement") is made and entered in this 16th day of March, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Carollo Engineering, Inc. a California corporation ("Consultant"). City and Consultant are sometimes individually referred to herein as a `Party' and, together, as the `Parties. In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1— ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide confidential professional engineering services for City and specifically City's City Attorney (the `Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit A, titled `Scope of Work, which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. 2.3 Consultant shall provide all reports, documents, communications, and data associated with the Services to City's City Attorney or the City Attorney's authorized designee. All such reports, documents, communications, and data shall be considered strictly confidential, and shall be treated as protected by the attorney work -product doctrine. All such information and any written product in connection with Consultant's Services shall be marked as `Confidential/Attorney-Work Product. 2.4 Consultant shall not be liable to and/or indemnify City and/or any third party related to any inconsistencies between Consultant's data projections and estimates and actual costs and/or quantities realized by City and/or any third party in the future, except to the extent such inaccuracies are caused by Consultant's negligent performance hereunder. 1 L:\ca\djm\Agreements\Carollo Engineering Agreement.PS-1.1.FY20-0088.docjn ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City designates Daniel J McHugh, City Attorney and John R. Harris, Municipal Utilities and Engineering Department Director, as City's representatives with respect to performance of the Services, and such persons shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. 3.2 Consultant shall not be liable to and/or indemnify City and/or any third party related to any inconsistencies between Consultant's data projections and estimates and actual costs and/or quantities realized by City and/or any third party in the future, except to the extent such inaccuracies are caused by Consultant's negligent performance hereunder. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner. Consultant shall complete the Services by September 16, 2021 unless the Services are terminated earlier as provided for herein. 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall not exceed the amount of Two Hundred Six Thousand Eight Hundred Seventy Five Dollars ($206,875). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit 'B, titled 'Fee Estimate, which is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case 2 L:\ca\djm\Agreements\Carollo Engineering Agreement.PS-1.I.FY20-0088.doc.jn properly posted and fully prepaid to the appropriate address set forth below or such other address as a Party may provide notice in accordance with this section: CITY. City Attorney City of Redlands 35 Cajon Street, Suite 200 P.O Box 3005 (mailing) Redlands, CA 92373 dmchugh@cityofredlands.org Phone: (909) 798-7510 Fax: (909) 798-7535 CONSULTANT. Graham J G. Juby Senior Project Manager Carollo Engineering, Inc. 3400 Central Avenue, Suite 205 Riverside, CA 92506 GJGJuby@carollo.com Phone: (951) 776-3955 Fax: (951) 776-4207 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit `C, titled `Workers' Compensation Insurance Certification, which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City D Consultant is expressly prohibited from assigning or subcontracting any of the 3 L:\ ea\djm\Agreements\Carollo Engineering Agreement.PS-1.1.FY20-0088.doc.jn Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability including attorneys' fees, arising from injury or death to persons or damage to property to the extent caused by any negligent act or omission by or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. In no event shall the cost to defend charged to Consultant exceed Consultant's proportionate percentage of fault. 6.3 Neither party shall be responsible for economic, incidental and/or consequential damages to the other party and/or any third party Additionally Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant's subconsultants, that impact project completion and/or success. Consultant and its subconsultants shall only be liable for any damage caused by negligence related to cleaning activities required to facilitate the CCTV inspection. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law. (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially 4 L:\ca\djm\Agreements\Carollo Engineering Agreement.P8-1.1.FY20-0088.doc.jn the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may in the sole discretion of City result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination. 5 L:\ca\djm\Agreements\Carollo Engineering Agreement.PS-1.1.FY20-0088.doc jn 8 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a penod of three (3) years, or for any longer penod required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relatmg to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be m wilting, approved by City and signed by City and Consultant 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remamder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a matenal benefit of its bargain under this Agreement 8 9 The services to be performed by Consultant are intended solely for the benefit of City No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no nght to assert a claim agamst Consultant by assignment of indemnity nghts or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant's services hereunder IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS CAROLLO E aul T Barich, Mayor ATTEST. By 1111, One Donaldson, City Clerk By By G 6 L IcaldjmlAgreements\Carrillo Engineenng Agreement.PS-1 1.FY20-0088.doc.jn Graham J G Juby, Senior Project Manager sociate Vi e President EXHIBIT "A" SCOPE OF WORK Scope of Work Task 1— Prepare for and Conduct Field Visit With City Carollo will prepare far and coordinate with the City a suitable day for conducting a field visit of the existing storm water channel and storm drain between 600 West State Street and Texas Street in the City of Redlands Once on site, visual observations of the storm water channel and storm drain accesses will be conducted from grade The purpose of the visit will be to bring all parties up to date with the project location and scope of work Assumptions 1 The field visit will be attended by City staff, Carollo, and Carollo's inspection subconsultant 2 This will be a visual observation only and will not include confined space entry into the storm water channel, storm drains, or catch basins It is anticipated that this task can be completed in one day Task 2 — Surveying Carollo will execute a subcontract agreement with Michael Baker International for this work The subcontractor will provide topographic survey covering the Mill Creek Zanja Storm Water Channel and the storm drains in the vicinity of 600 West State Street The area is generally indicated in the Figure below Survey will be developed by traditional methods with one -foot contours (within the blue boundary shown in the figure) including utilities, sewer rims and inverts and surface features such as trees The survey will also include an internal survey of the Zanja to obtain the floor and crown elevations and horizontal dimensions Pipe Video Inspection Virile a description for yo:Jr map. Mill Creek Zanja Storm Drain End (daylights) negr- a Legend Chez Sabine r-* Circle K eJ Esri Learning Center Feature 1 Fs LEGEND - STORM BRAIN SECTION SURVEYED STORM DRAIN 5 NOT SURVEYED Oa 11 MILL CREEK ZANJ • POTHOLE LOCATI• SURVEY BOUM/AR Mill Creek Zanja Storm Drain End daylights) T]ON State Street Sloan Drain 11 Figure Graphical representation of the survey and inspection area 7 L Icaldgm\Agreements\Carollo Engineering Agreement.PS-1 1 FY20 0088.doc.Jn Carollors subcontractor will take the lead role to secure information related to the existing easements, right of way, and property ownership prior to starting any survey work The Record of Survey will be prepared and filed with the San Bernardino County The surveyor will also survey the SUE potholes (Task 4) and rim/invert elevations of storm channel/drain inlets/manholes to verify actual depths and locations of buried facilities Assumptions 1 Carollo will furnish a field survey including the following elements a Horizontal (NAD 83) and vertical control (NAVD 88) and basis of bearing b Contour lines (at 1 -foot intervals) c Trees d Fence lines e Property lines/ROW/easements. f Pothole locations (potholes made as part of Task 4) g Utility manhole or valve box locations h Rim (soffit for channel) and invert elevations for storm drain elements such as channel terminus, manholes, and catch basins 1 Other utility locations (telephone, gas, power, water, sewer, etc ) f Power lines k Other features 2 All planimetric features visible in the field will be incorporated, including, but not limited to curbs, gutters, sidewalk buildings, structures, poles, signs, signals, walls, driveways, mail boxes, utility manholes/valve covers and traffic striping (lane lines, medians, turn pockets cross walks, etc ) 3 The City will provide access to the Zanja and storm drain 4 The City will be responsible for the cost of all government fees or costs for the Record of Survey Deliverable• Topographic survey map in PDF format of the roadway and area between and around the Mill Creek Zanja Storm Water Channel and the State Street Storm Drain alignments between boo West State Street and the Texas Street pipeline, including the internals of the Zanja Task 3 — Internal Inspection of Channel and Conduits Carollo will execute a subcontract agreement with AIMS for the internal inspection work. The subconsultant will perform a NASSCO PACP pipeline inspection of the Mill Creek Zanja Channel and the State Street Storm Drain including associated laterals not previously inspected by the City Carollo will perform QA of the inspection data obtained by the subconsultant, and prepare a report on the findings and recommendations - see Task 5 The approach for the State Street storm drain will be to perform a combination of cleaning and inspection as needed to obtain the best CCTV data of the internals Some areas will need cleaning first in order to gain access for the camera Excess cleaning will be avoided to minimize potential for creating sink holes in areas where the drain may have holes The storm drain will be cleaned by the subcontractor For the Zanja there will be a single inspection, plus inspection and possible cleaning of any laterals (if direct camera access is not possible), that were not inspected previously Based on previous site visits it is assumed that the amount of debris in the Zanja is limited and will not obstruct the camera Assumptions The City will provide access to all manholes in the areas to be inspected The inspection work will include the following 1 Mobilization 2 Minor traffic control will be provided by the inspection sub -contractor, as required 3 Manned entry inspection of approximately 75o linear feet of the Mill Creek Zana Storm Water Channel 8 L 1caldimlAgreements\Caronlo Engineenng Agreement.PS-1.1.FY20-00S8.docp 4 CCTV inspection of Mill Creek Zanja and laterals identified and not previously inspected 5 CCTV inspection on portions of the State Street Storm Drain not previously inspected by the City 6 CCTV inspection of laterals identified and not previously inspected by the City on the State Street Storm Drain 7 Cleaning and disposal of solids/debris as required to perform inspection work 8 Solids and debris removed from the storm drain will be disposed of to one of the City ownedsites 9 Inspection logs with NASSCO PACP defect coding for each channel/conduit inspection 10 CCTV inspection subcontractor is fully confined space trained and will provide confined space entry equipment and personnel Carollo will have an experienced engineer on site for one week during the inspection of the Zanja and the State Street storm drain to provide immediate feedback and direction to the inspection firm during the inspections The following are excluded from the scope of work 1 Flow diversion or bypass pumping 2 Cleaning of the Zanja 3 Permits and onsite access agreements 4 Major traffic control It is anticipated that any major traffic control will be provided by the City if it is needed 5 Water required during the cleaning work It is assumed that the City will provide cleaning related water, such as a mobile meter or fire hydrant hookup Deliverable. Draft and Final presentation of the findings and recommendations from the internal inspections, to be included in the Condition Assessment Report— see Tasks Task 4 — Subsurface Utility Engineering (Potholing) Carollo will also complete field investigations with a Subsurface Utility Engineering (SUE) subcontractor to locate the Mill Creek Zanja Storm Water Channel alignment and associated laterals It is anticipated that this work can be done using non-destructive methods Carollo will develop a SUE pothole plan to verify actual depths and locations of the Mill Creek Zanja Storm Water Channel. Potholing will be conducted using vacuum extraction methods Carollo s subconsultant AIMS will perform this work Task 5 — Condition Assessment Report Carollo will prepare a draft condition assessment report that captures the findings from all Tasks The draft report will include recommendations and next steps and will be submitted to the City for review and comments Following the review period, Carollo will hold a meeting with the City, likely a virtual meeting, to review the comments on the draft report and discuss the findings The Final report will be completed within two weeks after receipt and discussion of comments from the City Deliverables Draft and Final versions of the Condition Assessment Report in PDF format Inspection videos as provided by the subconsultant Task 6 - Meetings and Project Management This task includes time for management of the project and email/phone correspondence with the City Is has been assumed that the following meetings will be required Meeting No 1— Kick Off Meeting This meeting will be conducted by WebEx/TeamsfConference and will include a review of the proposed scope of work and proposed schedule for the on-site condition assessment Meeting No 2 — Review Draft Report This meeting will be conducted either virtually or in person at the City of Redlands, depending on the COVID 19 pandemic situation, and will review the findings of the visual condition assessment and the draft report 9 L Icaldim\Agreements\Carollo Engmeertng Agreement.PS-1 1 FY20 0088.doc.jn - Meeting No 3 — City Council Briefing This is an optional meeting in the event that a presentation to the Council is required Schedule It has been assumed that the work will take approximately three months to complete following the Notice to Proceed Assumptions In preparing the above scope of work and the budget estimate that follows, we made the following assumptions z City staff will assist with coordinating entry into the storm channel, including removal of any trespassers and/or hazardous conditions 2 Confined space entry requirements will be applicable All confined space entry equipment and personnel will be provided by the inspection subcontractor 3 Internal pipe inspection work is weather dependent and also depend on the presence of residual water and other debris within the structures, and may result in changes to theschedule 4 The pipes to be internally inspected will be cleaned as needed by the subcontractor prior to the inspection work 5 Manned entry inspection work will be terminated upon identification of any unsafe conditions 10 L'1caldjmlAgreementslCarollo Engmeenng Agreement.PS-1 1.FY20-0088.doc p EXHIBIT "B" FEE ESTIMATE Cost Proposal Below is a breakdown of tasks and budget hours for personnel and subcontractors to be involved with the condition assessment work Subcontractor's costs have been marked up by 5 percent 11 L.IcaldimlAgreements\Carollo Engmeenng Agreement.PS 1 1 FY20-0088.docp EXHIBIT B CITY OF REDLANDS STORM CHANNEL CONDITION ASSESSMENT CAROLLO ENGINEERS FEE ESTIMATE (February 20, 2021) CITY OF REDLANDS -STORM CHANNEL CONDITION ASSESSMENT Task 1 Prepare for and Conduct Field Visit r Ill 0 V F° ru _- ° N R N Yd o17) o H a N e. 0- 0 Too N t p o. a .0 W C vy a $288 $265 $220 rSubs 10 o w C S ni o 1- C O- w Q S .VD d 2at t, O p d W O R +' U CO Ci t7 :c O v o .y a m d a c� u ui d 5 0 .. E w am U 3 N173 a Cr $13.00 a re m V m a $180 $144 $120 $120 1.1 Prepare for and Conduct Field Visit with City 1 8 8 I 1 2 19 , $4,088 1 1 $247 $120 84,455 Sub -total Task 1 1 8 9 8 0 0 2 19 S4,088 80 80 $247 8120 54,455 Task 2 Survey 2 1 Sub -contract with Surveyor and Manage Work 2 8 2 8 2 22 $4,528 $34,650 $286, $39,464 Sub -total Task 2 2 8 2 0 8 0 2 22 $4,528 $34,650 10 $286 $0 $39,464 Task 3 internal Inspection of Channel and Conduits 3 1 Sub -contract with Inspection Firm and Manage Work 1 4 1 6 $1,468 $78 $1,546 3.2 Manned Inspection of Zanja & CCTV of Laterals & Cleaning 1 44 2 2 49 $12,628 $15,750 $637 $2,500 $31,515 3.3 CCTV Inspection of State Street Storm Drain & Laterals & Cieaninc 1 44 2 2 49 $12,628 $15,750 $637 $29,015 Sub -total - Task 3 3 92 4 0 0 0 5 104 $26,724 $0 $31,500 11,352 52,500 562,076 Task 4 Subsurface Utility Engineering (Potholing) 4 1 Prepare Potholing Detailed Map and make 8 potholes 1 8 2 8 2 21 $4,528 $23,363 $273 $28,164 4.2 Allowance for Additional Four Potholes 1 8 2 8 2 21 $4,528 $11,681 $273 $16,482 Sub -total Task 2 2 16 4 16 0 0 4 42 $9,056 $0 $35,044 $546 50 $44,646 Task 5 - Condition Assessment Report 5.1 Review Survey Information 2 4 12 8 2 28 $5,188 $364 $5,552 5.2 Review and QAIQC of CCTV Data 2 4 40 2 48 $9,076 $624 $9,700 5.3 Review Results of Potholing 2 4 4 24 2 36 $7,076 $468 $7,544 5.4 Prepare and submit Draft Condition Assessment Report 2 8 12 32 2 4 60 $11,816 5780 812.596 5.5 Prepare and Submit Final Letter 1 2 6 6 2 17 $3,458 $221 53,679 Sub -total Task 2 9 22 22 114 8 6 8 189 836,614 $0 $0 $2,457 10 839,071 Task 6 Project Meetings and Management 6 1 General Project Management for Duration of Project 1 2 2 5 $1,058 $65 $1,123 6.2 Kick -Off Meeting (Webex Call) 2 4 2 1 9 $2,116 $117 $2,233 6.3 Meeting No. 2 (Review Draft Report) 4 8 2 8 1 23 $5,272 $299 $5,571 6.4 Meeting No 3 (Brief City Council) 6 14 4 2 26 56,398 $338 $1,500 $8,236 Sub -total -Task 3 TOTAL NOT TO EXCEED 13 30 28 174 2 34 14 152 0 16 0 6 6 27 63 439 $14,844 595,854 $0 534,650 $0 566,544 5819 55,707 $1,500 $4,120 $17,163 $206,875 EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured agamst liability to pay compensation by one or more insurers duly authorized to write compensation msurance m this State (b) By securmg from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer m a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE /I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be msured against Iiability for Workers' Compensation or to undertake self- insurance m accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representationsade m this , rtificate are true and correct CAROLLO ENGINEERING By Gra 0. nn .114 Juby, Senior Project Manage 12 L 1caldjmlAgreements\Carono Engineering Agreement_PS-1 1.FY20 0088_doc jn Date 23/2. ACORo® CERTIFICATE OF LIABILITY INSURANCE L./ 7/4/2021 DATE(MM/DDNYYI') 3/15/2021 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 Ileu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 1906 (816) 960-9000 CONT NAMEACT PHONE FAX (NC No Ext1• INC, No): E-MAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURER A . Zurich American Insurance Company 16535 INSURED CAROLLO ENGINEERS, INC. 1472613 2795 MITCHELL DR. WALNUT CREEK CA 94598-1601 INSURER D . American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Company 7/4/2021 20443 INSURER D. INSURER E . INSURER F. X COVERAGES CERTIFICATE 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. ILTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MMIDU/YVYY) LIMITS A X COMMERCIAL GENERAL LIABILITY y N GLO 9730569 7/4/2020 7/4/2021 EACH OCCURRENCE $ 1 000,000 $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTE PREMISESO(Ea occcurence) MED EXP (Any one person) $ 25 000 PERSONAL&ADV INJURY $ 1 000,000 $ 2000,000 $ 2 000,000 $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES I X I JECOT PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OPAGG 13 AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOScadent AUTOS ONLY y N BAP 9730571 7/4/2020 7/4/2021 (En accldeDtSINGLE LIMIT ) $ 2,000 000 $ XXXXXXX BODILY INJURY (Pe per n) BODILY INJURY (Pe) $ XXXXXXX PROPERTY DAMAGE (Per accIdent)D $ X r rXXXX DED; COMP/COLL $ 1,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX AWORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory' NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A N WC 9730570 7/4/2020 7/4/2021ER X PERTUTE OTH E L. EACH ACCIDENT $1 000 000 E L. DISEASE - EA EMPLOYEE $ 1000,000 E L. DISEASE POLICY LIMIT $ 1,000.000 C PROFESSIONAL LIABILITY UNLIMITED PRIOR ACTS N N AEH 288354410 7/4/2020 7/4/2021 EACH CLAIM: $1,000,000; AGGREGATE: $1,000,000 DESCRIPTION OF OPERATIONSI LOCATIONS / VEHICLES (ACORD 101, Addltio al Remarks Schedule may be attached ifn spa unfired) Storm Channel Condition As sment. City of Redlands is additio al in ured as respects ge eral liability id auto liability, id the overages are pt maiy and non nributory, equared by written contract. CERTIFICATE HOLDER CANCELLATION See Attachments 17415861 City of Redlands P.O. Box 3005 Redlands CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV ©1986 075 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D573119 Certificate ID• 17415861 INSURED• Carollo Engineers, Inc. PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY INSURANCE POLICY POLICY AEH 288354410 EFFECTIVE. 7/4/2020 NOTICE ENDORSEMENT CANCELLATION OR NON -RENEWAL We agree with you that your Policy is amended to include the following additional provisions. 1 Your Policy will not be: Canceled by us until we provide at least: 10 days prior written notice if we cancel your Policy for Non-payment of Premiums; 30 days prior written notice if we cancel your Policy for the following reasons: any reason other than non-payment of premiums Non -renewed by us until at least days prior written notice is given to the person or entity named in 2 below. 2. Person or Entity All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above. Attachment Code: D573121 Certificate ID. 17415861 Notification to Others of Cancellation, Nonrenewal or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 9730571 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below. and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1 To the name and address corresponding to each person or organization shown in the Schedule below. and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A. B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 AH other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission. U -CA -811-A CW (05/10) Page 1 of 1 Attachment Code: D573122 Certificate ID• 17415861 Notification to Others of Cancellation, Nonrenewal or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 9730569 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1 To the name and address corresponding to each person or organization shown in the Schedule below. and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1 To the name and address corresponding to each person or organization shown in the Schedule below and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. 11 If notice as described in Paragraphs A. B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission. U -GL -1447-A CW (05/10) Page 1 of 1 Attachment Code: D573124 Certificate ID• 17415861 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR REDUCTION OF INSURANCE ENDORSEMENT This endorsement is used to add the following to Part Six of the policy PART SIX CONDITIONS A. If we cancel or non -renew this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal to the name and address corresponding to each person or organization shown in the Schedule below Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below Notification to such person or organization will be provided at least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below D. If notice as described in Paragraphs A. B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: All certificate holders where notice of cancellation is required by written contract with the Named Insured 60 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is 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 Effective Insured CAROLLO ENGINEERS, INC. Policy No. WC 9730570 Endorsement No. Premium $ Insurance Company Zurich American Insurance Company WC 99 06 34 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 Attachment Code: D573125 Certificate ID: 17415861 POLICY NUMBER: BAP 9730571 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds' for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: American Guarantee and Liab. Ins. Co. Endorsement Effective Date: 7/4/2020 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an 'insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an 'insured' under the Who Is An Insured provision contained in Paragraph A.1 of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc. 2011 Page 1 of 1 Wolters Kluwer Financial Services 1 Uniform FormsTM Attachment Code: D573129 Certificate ID: 17415861 POLICY NUMBER: GLO 9730569 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES 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 Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization, other than an architect, engineer or surveyor whom you are required to add as an additional insured under this policy under a written contract mark or written agreement executed prior to loss. Any Location or project, other than a wrap-up or other consolidated insurance program location or project for which insurance is otherwise separately provided to you by a wrap-up or other consolidated insurance program 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' However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and CG 20 37 0413 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. © Insurance Services Office, Inc. 2012 Page 1 of 2 Wolters Kluwer Financial Services 1 Uniform FormsTM Attachment Code: D573129 Certificate ID• 17415861 B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. Page 2 of 2 © ISO Properties, Inc. 2004 CG 20 37 07 04 0 Attachment Code: D579070 Certificate ID: 17415861 ZURICH Other Insurance Amendment — Primary And Non -Contributory Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 9730569 7/4/2020 7/4/2021 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1 The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would 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 of 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 written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission. U -GL 1327-B CW (04/13) Page 1 of 1