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Home My WebLink AboutArcadis U.S. Inc; 2019-06-13; PSA19-802TRANDocuSign Envelope ID: 48050DAF-C1 F9-4FA2-B322-D06BD40821 B6 PSA 19-802TRAN AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE SERVICES ARCADIS U.S., INC. THIS AGREEMENT is made and entered into as of the /3 day of J:'.v n f , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ARCADIS U.S., INC., a Delaware corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in construction management and inspection services. B. Contractor has the necessary experience in providing professional services and advice related to construction management and inspection services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be four hundred twenty-three thousand, five hundred eighty-nine dollars ($423,589). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 1 of 16 City Attorney Approved Version 6/12/18 June 11, 2019 Item #11 Page 12 of 32 June 11, 2019 Item #11 Page 13 of 32 June 11, 2019 Item #11 Page 14 of 32 June 11, 2019 Item #11 Page 15 of 32 June 11, 2019 Item #11 Page 16 of 32 June 11, 2019 Item #11 Page 17 of 32 June 11, 2019 Item #11 Page 18 of 32 DocuSign Envelope ID: 48050DAF-C1F9-4FA2-B322-D06BD40821B6 PSA 19-802TRAN 27. 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 ARCADIS U.S., INC., a Delaware corporation By: By: (sign here) Jon Westervelt. Vice President (print name/title) (sign here) Ellen M. Hooper, Assistant Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ~ -t'lf Barbara Engleson, City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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 8 of 16 City Attorney Approved Version 6/12/18 June 11, 2019 Item #11 Page 19 of 32 June 11, 2019 Item #11 Page 20 of 32 June 11, 2019Item #11 Page 21 of 32 June 11, 2019 Item #11 Page 22 of 32 June 11, 2019 Item #11 Page 23 of 32 June 11, 2019 Item #11 Page 24 of 32 June 11, 2019 Item #11 Page 25 of 32 June 11, 2019 Item #11 Page 26 of 32 June 11, 2019 Item #11 Page 27 of 32 ______, I DATE(MM/0D/YYYY) AC:C>Rc::>"" CERTIFICATE OF LIABILITY INSURANCE ~ 05/16/2018 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($), 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 CONTACT Aon Risk Services South, Inc. NAME: PHONE (866) 283-7122 I f~. No.): (800) 363-0105 Franklin TN office (AIC. No. Ext): 501 corporate centre Drive E~MAIL suite 300 ADDRESS: Franklin TN 37067 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: steadfast Insurance company 26387 Arcadis u.s .• rnc. INSURERB: Lexington Insurance company 19437 630 Plaza Drive suite 200 INSURERC: Highlands Ranch co 80129 USA INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 570071187354 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested IN~n TYPE OF INSURANCE LTR INSO VNO POLICY NUMBER ,=g~ /~~~ LIMITS COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE -~ CLAIMS-MADE OoccuR ""'"'IVV"\UC [Ur..C:l'IIC.U PREMISES (Ea 0ce1.J111!nce) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE R POLICY □ ~:~-□ LOC PRODUCTS • COMP/OP AGG OTHER: AUTOM0BIL.E LIABILITY COMBINED SINGLE LIMIT fEo aCCldent\ -ANY AUTO BODILY INJURY ( Per person) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY -AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accident) -ONLY -AUTOS ONLY UMBRELLA UAB H OCCUR EACH OCCURRENCE -AGGREGATE EXCESS LIAB CLAIMS-MADE OEOI !RETENTION WORKERS COMPENSATION AND I ~\%UTE I l~JH-EMPLOYERS' LIABILITY YIN mY PROPRIETOR I PARTNER I EXECUTIVE □ E.L. EACH ACClDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE ~~;i~rt-w~ ~'j,~PERATIONS below E.L DISEASE-POLICY LIMIT A Env Con tr Po 11 EOC929693804 06/01/2013 06/01/2019 Each claim Sl,000,000 Professional & Pollution Annual Aggregate $1,000,000 SIR applies per policy ter ns & condi ions DESCRJPTION OF OPERATK)NS / LOCATK)NS / VEHICLES (ACORD 101, Additional Remarks Schedulo, may be attached If more spac;4t is required) RE: AUS Project No. 03472001.0002 -Aqua Hedionda sewer Lift Station, cit¥ Purchase order No. Pl29209. For Professional -· Liability coverage, the Aggre~ate Limit is the total insurance available or claims presented within the policy period for all operations of the insured. Te Limit will be reduced by payments of indemnity and expense. - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~ EXPIRATION DATE TI-IERE0F, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ~ POLICY PROVISIONS. city of car1sbad, Public works AUTHORIZED REPRESENTATIVE ~ Attn: Graham Jordan 1635 Faraday Avenue Carlsbad CA 92008 USA ~~.?~~~~ ~ -=--©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ------, .. CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) AC:C,RC, 01/19/2019 ~ 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 CONTACT Aon Risk services south, Inc. NAME: PHONE (866) 283-7122 I r~. No.l: 800-363-0105 Franklin TN office (AIC. No. Ext): 501 corporate Centre Drive E-MAIL suite 300 ADDRESS: Franklin TN 37067 USA INSURER($) AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Insurance America Inc 24554 Arcadis u.s •• Inc. INSURER B: XL Specialty Insurance co 37885 630 Plaza Drive Greenwich Insurance Company 22322 suite 200 INSURER C: Highlands Ranch CO 80129 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570074871975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1n•~n TYPE OF INSURANCE 'iNso 'wvo POLICY NUMBER /MMiii□IYYYYl ,~~l&,lvm LIMITS LTR C X COMMERCIAL GENERAL LIABILITY GECUUl.U/bl.l./ Ul./Ul./ LUl.~ I l.U/Ul./ LUl.~ EACH OCCURRENCE $1,000,000 ~ ~ CLAIMS-MADE 0occuR SIR applies per policy ter ns & condi ions Uf\Mf\\.:JC:. 10 r;c:.1~ I CU $1,000,000 PREMISES !Ea occurrence\ -X Contractual Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0PRO-GJLoc $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: B AUTOMOBILE LIABILITY AEC001075817 01/01/2019 10/01/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident\ -X ANY AUTO BODILY INJURY ( Per person) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY AUTOS -NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident\ -ONLY -AUTOS ONLY X Property Damage to B X UMBRELLA LIAB H OCCUR UEC001075917 01/01/2019 10/01/2019 EACH OCCURRENCE $1,000,000 -AGGREGATE $1,000,000 EXCESS LIAB CLAIMS-MADE OED I X I RETENTION $10,000 A WORKERS COMPENSATION AND RWD943516313 01/01/2019 10/01/2019 XI PER I l:?JH-EMPLOYERS' LIABILITY All Other States STATUTE Y/N B ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ RWR943516713 01/01/2019 10/01/2019 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) AK, WI Only E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Number: 03472001.0002, Revised Proposal For Vista/Carlsbad Interceptor Sewer and A~ua Hedionda Lift Station Replacement Project, Construction Management and Inspection Services(CIP Nos. 3886, 3492 and 3 49). City of Carlsbad is included as Additional Insured in accordance with the policy ~rovisions of the General Liability policy. General Liability policy evidenced herein is Primary to other insurance availab e to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of City of Carlsbad in accordance with the policy provisions of the workers' compensation/Employer's Liability policy. CERTIFICATE HOLDER City of Carlsbad/CMWD Attn: Terry smith 1635 Faraday Ave. Carlsbad CA 92008 USA ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE \MLL BE DELIVERED IN ACCORDANCE \MTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD l'J LL al <{ ... QI 5 "E QI :E ... QI "tl 0 ::c "' ~ ,.._ 00 .... ,.._ 0 0 t--"' 0 z .! ftl 0 ;;: t: QI 0 ✓ ENDORSEMENT TBD This endorsement, effective 12:01 a.m., January 1, 2019 forms a part of Policy No. AEC001075817 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT Advanced written notice will be mailed or delivered to person(s) or entity(ies) shown in the Schedule below at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason Schedule Name of Person(s) or Entitv(ies) MailinQ Address: AS PER SCHEDULE ON FILE WITH AS PER SCHEDULE ON FILE WITH COMPANY COMPANY All other terms and conditions of the Policy remain unchanged. Page 1 ENDORSEMENT #TBD This endorsement, effective 12:01 a.m., January 1, 2019 forms a part of Policy No. GEC001076117 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH AS PER SCHEDULE ON FILE WITH COMPANY COMPANY 30 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT #TBD This endorsement, effective 12:01 a.m., January 1, 2019 forms a part of Policy No. GEC001076117 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. 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 FORM SCHEDULE Name Of Additional Insured Location And Description Of Completed Operations Person(s) Or Oraanization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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". All other terms and conditions of this policy remain unchanged. XIL 2037-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 1 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT #TBD This endorsement, effective 12:01 a.m., January 1, 2019 forms a part of Policy No. GEC001076117 issued to ARCADIS U.S., INC. AND CALLISONRTKL INC. by Greenwich Insurance Company. 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 FORM SCHEDULE Name Of Additional Insured Location(s) Of Covered Operations Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS AS REQUIRED PER WRITTEN CONTRACT REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. 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", "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 injury" or "property damage" occurring after: 1. 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 XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission 2. 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. XIL 2010-0704 (Ed. 0413) © 2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission