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Infrastructure Engineering Corporation; 2016-09-29; TRAN1475
TRAN1475 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 24 CONSTRUCTION MANAGEMENT AND INSPECTION ADDITIONAL SERVICES FOR THE FOXES LANDING LIFT STATION REPLACEMENT PROJECT, PROJECT NO. 5526 This twenty-fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 21, 2020, (“proposal”), attached as Appendix "A" for the Foxes Landing Lift Station Replacement Project, (the “Project"). The Project services shall include construction management and inspection services and special inspections for electrical and SCADA operations. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by September 28, 2020. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on hours of work per day. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $95,200. DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E July 27, 2020 TRAN1475 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION ADDITIONAL SERVICES FOR THE FOXES LANDING LIFT STATION REPLACEMENT PROJECT CIP 5526 TASK GROUP TIME & MATERIALS Resident Engineering/Site Inspection 680 hrs @ $140.00/HR $95,200 TOTAL (Not-to-Exceed) $95,200 /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E TRAN1475 City Attorney Approved Version 7/19/17 3 CONTRACTOR Infrastructure Engineering Corporation Infrastructure Engineering Corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson / Construction Service Manager Vicki Shaw / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E July 27, 2020 May 21, 2020 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request No. 5 Construction Management & Inspection, “Foxes Landing Lift Station” Contract No. 5526 Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the Foxes Landing Lift Station. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will TRAN1475 Appendix "A" - Task 24 DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, TRAN1475 Appendix "A" - Task 24 DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings TRAN1475 Appendix "A" - Task 24 DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays. Based on the work left to be completed and our understanding of the possible claims issues that may be involved with the close-out of this project we believe IEC and our subconsultant may be providing services through the end of August, 2020. We believe there may be a need for up to full-time inspection and management services through the end of July with that becoming part time and as needed in August. We’ve developed the total below based on that understanding IEC is requesting a budget increase of $95,200.00 (Ninety-five Thousand, Two Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 680 hrs @ $140.00/HR $ 95,200.00 Total $ 95,200.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management TRAN1475 Appendix "A" - Task 24 DocuSign Envelope ID: 6D8D10E6-D4B5-4BC3-A126-9400BA92FB7E The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/19/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 XL Specialty Company 37885InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 Underwriters at Lloyds London 85202 Hartford Ins Co of the Midwest 37478 446387708 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2020 2/13/2021 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2020 2/13/2021 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2020 2/13/2021 D Y 72WEGRT6756 2/13/2020 2/13/2021 X 1,000,000 1,000,000 1,000,000 BC ProfessionalLiabilityCyberLiability DPR99559491129549 2/13/20202/13/2020 2/13/20212/13/2021 Each Claim/AggregateLimit $2,000,000$1,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A Page ofCG T8 06 02 20 1 1 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 0704 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7H08841A-20-47 10/08/2019OFFICE PAC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): The City of Riverside its officers employees and agents LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: 3900 Main Street,Riverside CA 92522 (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" 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". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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" 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". CG 20 37 07 04 Page ofCG T8 03 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC Copyright ISO Properties, Inc. 2004 Page ofCG T8 03 02 20 2 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "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 INSURED, Page ofCG T8 02 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page ofCG T8 02 02 20 2 2 COMMERCIAL GENERAL LIABILITY Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T1 00 02 19 c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Policy Number: 6807H08841A CG D3 79 02 19 Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION III – LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II – Who Is An Insured. K. MEDICAL PAYMENTS – INCREASED LIMIT The following replaces Paragraph 7. of SECTION III – LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION – PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, 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, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION – WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Policy Number: 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 23 PROJECT NO. 4084 This twenty-third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Infrastructure Engineering Corporation (IEC), a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated June 23, 2020, (“proposal”), attached as Appendix "A" for the The Crossings at Carlsbad Golf Course Lake Refurbishment Claim Support, (the “Project"). The Project services shall include Construction Management and Inspection Services of claims, change order and close out. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by September 28, 2020. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 June 26, 2020 TRAN1475 City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $29,960. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT THE CROSSING LAKE REFURBISHMENT CLAIM SUPPORT TASK GROUP TIME & MATERIALS Resident Engineer/Site Inspector (214 hours at $140/hr) $29,960 TOTAL (Not-to-Exceed) $29,960 CONTRACTOR Infrastructure Engineering Corporation Infrastructure Engineering Corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson, Construction Service Manager Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: _______________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 June 26, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 June 23rd, 2020 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request for Construction Management & Inspection “The Crossings at Carlsbad Municipal Golf Course”, Contract No. 9009-A Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for construction management and inspection services for the City of Carlsbad on the The Crossings at Carlsbad Municipal Golf Course”. We understand that this increase in budget will be utilized to provide claims resolution support to the City. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Claims Resolution Support A. Review claims documentation and provide comment. B. Attend meetings as requested by the City staff to review the claim and assist with strategy. C. Attend depositions and arbitration proceedings as requested. FEE: IEC is requesting a budget increase of $ 29,960.00 (Twenty-Nine Thousand, Nine Hundred and Sixty Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 Mr. Babaq Taj City of Carlsbad June 23, 2020 Page 2 of 2 • Construction Manager, Jim Turrell Resident Engineering/Site Inspection 214 hrs @ $140.00/HR $ 29,960.00 Total $ 29,960.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management DocuSign Envelope ID: 02E6C12B-4794-477F-B80F-8601674B0EC2 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/19/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 XL Specialty Company 37885InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 Underwriters at Lloyds London 85202 Hartford Ins Co of the Midwest 37478 446387708 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2020 2/13/2021 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2020 2/13/2021 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2020 2/13/2021 D Y 72WEGRT6756 2/13/2020 2/13/2021 X 1,000,000 1,000,000 1,000,000 BC ProfessionalLiabilityCyberLiability DPR99559491129549 2/13/20202/13/2020 2/13/20212/13/2021 Each Claim/AggregateLimit $2,000,000$1,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A Page ofCG T8 06 02 20 1 1 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 0704 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7H08841A-20-47 10/08/2019OFFICE PAC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): The City of Riverside its officers employees and agents LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: 3900 Main Street,Riverside CA 92522 (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" 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". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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" 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". CG 20 37 07 04 Page ofCG T8 03 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC Copyright ISO Properties, Inc. 2004 Page ofCG T8 03 02 20 2 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "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 INSURED, Page ofCG T8 02 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page ofCG T8 02 02 20 2 2 COMMERCIAL GENERAL LIABILITY Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T1 00 02 19 c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Policy Number: 6807H08841A CG D3 79 02 19 Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION III – LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II – Who Is An Insured. K. MEDICAL PAYMENTS – INCREASED LIMIT The following replaces Paragraph 7. of SECTION III – LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION – PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, 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, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION – WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Policy Number: 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 22 PROJECT NO. 4084 This twenty-second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated May 6, 2020, (“proposal”), attached as Appendix "A" for the Construction Management and Inspection for The Crossings at Carlsbad Golf Course Lake Refurbishment Budget Increase, (the “Project"). The Project services shall include Construction Management and Inspection Services of: lake liner replacement, landscape upgrades and lake shoreline refurbishment. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty-five (45) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $44,800. DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 June 11, 2020 TRAN1475 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT THE CROSSINGS AT CARLSBAD GOLF COURSE LAKE REFURBISHMENT BUDGET INCREASE TASK GROUP TIME & MATERIALS Resident Engineer/Site Inspector (320 hours at $140/hour) $44,800 TOTAL (Not-to-Exceed) $44,800 CONTRACTOR Infrastructure Engineering Corporation Infrastructure Engineering Corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson Construction Service Manager Vicki Shaw / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 June 11, 2020 May 6, 2020 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request for Construction Management & Inspection “The Crossings at Carlsbad Municipal Golf Course”, Contract No. 9009-A Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the The Crossings at Carlsbad Municipal Golf Course”. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B.Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that TRAN1475 - Task No. 22 Appendix "A" DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 Mr. Babaq Taj City of Carlsbad May 6, 2020 Page 2 of 4 the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C.Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D.Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E.Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F.Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of TRAN1475 - Task No. 22 Appendix "A" DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 Mr. Babaq Taj City of Carlsbad May 6, 2020 Page 3 of 4 monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A.Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B.Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings FEE: TRAN1475 - Task No. 22Appendix "A" DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 Mr. Babaq Taj City of Carlsbad May 6, 2020 Page 4 of 4 Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays that have been out of our control. Based on our experience we feel that there is approximately two more additional months of construction remaining on the project. Should the schedule again be extended beyond that IEC will again need to request additional budget in order to complete the project. IEC is requesting a budget increase of $ 44,800.00 (Forty-four Thousand, Eight Hundred and Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; •Construction Manager, Jim Turrell Resident Engineering/Site Inspection 320 hrs @ $140.00/HR $ 44,800.00 Total $ 44,800.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management TRAN1475 - Task No. 22 Appendix "A" DocuSign Envelope ID: 85F91AC6-2428-46A3-A7FB-B87659498267 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/19/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 XL Specialty Company 37885InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 Underwriters at Lloyds London 85202 Hartford Ins Co of the Midwest 37478 446387708 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2020 2/13/2021 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2020 2/13/2021 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2020 2/13/2021 D Y 72WEGRT6756 2/13/2020 2/13/2021 X 1,000,000 1,000,000 1,000,000 BC ProfessionalLiabilityCyberLiability DPR99559491129549 2/13/20202/13/2020 2/13/20212/13/2021 Each Claim/AggregateLimit $2,000,000$1,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A Page ofCG T8 06 02 20 1 1 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 0704 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7H08841A-20-47 10/08/2019OFFICE PAC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): The City of Riverside its officers employees and agents LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: 3900 Main Street,Riverside CA 92522 (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" 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". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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" 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". CG 20 37 07 04 Page ofCG T8 03 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC Copyright ISO Properties, Inc. 2004 Page ofCG T8 03 02 20 2 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "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 INSURED, Page ofCG T8 02 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page ofCG T8 02 02 20 2 2 COMMERCIAL GENERAL LIABILITY Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T1 00 02 19 c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Policy Number: 6807H08841A CG D3 79 02 19 Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION III – LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II – Who Is An Insured. K. MEDICAL PAYMENTS – INCREASED LIMIT The following replaces Paragraph 7. of SECTION III – LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION – PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, 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, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION – WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Policy Number: 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 21 PROJECT NO. 3840-12 This Ratification of the twenty-first Project Task Description and Fee Allotment, is entered into on _________________________________________, but effective as of 1st day of April 2020 pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated Sept. 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated Jan. 20, 2020, (“proposal”), attached as Appendix "A" for the Construction Management & Inspection, "Lift Station Generator Replacement Project", (the “Project"). The Project services shall include construction phase services, construction inspection services & post construction services. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor began work on April 1, 2020. Contractor shall complete the work within one hundred (100) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $43,960. DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D May 6, 2020 TRAN1475 City Attorney Approved Version 7/19/17 2 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION PHASE SERVICES, CONSTRUCTION INSPECTION SERVICES & POST CONSTRUCTION SERVICES TASK GROUP TIME & MATERIALS Resident Engineering/Site Inspection $43,960 TOTAL (Not-to-Exceed) $43,960 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson, Construction Service Mgr. Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D May 6, 2020 January 20, 2020 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request No. 2 Construction Management & Inspection, “Lift Station Generator Replacement Project” Project No. 3840-12 Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our current budget for inspection services for the City of Carlsbad on the Lift Station Generator Replacement Project. The proposed scope of work proposed includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. TRAN1475 - Task No. 21 Appendix "A" DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D Mr. Babaq Taj City of Carlsbad January 20, 2020 Page 2 of 4 B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F. Progress Payment Reviews TRAN1475 - Task No. 21 Appendix "A" DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D Mr. Babaq Taj City of Carlsbad January 20, 2020 Page 3 of 4 Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation TRAN1475 - Task No. 21 Appendix "A" DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D Mr. Babaq Taj City of Carlsbad January 20, 2020 Page 4 of 4 notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays. The Contractor’s current schedule indicates a completion in February of 2020. The February 2020 completion date is a best estimate based on the information that IEC currently has. There are construction issues still in the process of being resolved that may further impact the schedule beyond February 2020. IEC is requesting a budget increase of $43,960.00 (Forty-three Thousand, Nine Hundred and Sixty Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 314 hrs @ $140.00/HR $ 43,960.00 Total $ 43,960.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management TRAN1475 - Task No. 21 Appendix "A" DocuSign Envelope ID: 12FD7595-F547-4D4C-9ECD-387F0847BF5D The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/19/2020 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 XL Specialty Company 37885InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 Underwriters at Lloyds London 85202 Hartford Ins Co of the Midwest 37478 446387708 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2020 2/13/2021 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2020 2/13/2021 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2020 2/13/2021 D Y 72WEGRT6756 2/13/2020 2/13/2021 X 1,000,000 1,000,000 1,000,000 BC ProfessionalLiabilityCyberLiability DPR99559491129549 2/13/20202/13/2020 2/13/20212/13/2021 Each Claim/AggregateLimit $2,000,000$1,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A Page ofCG T8 06 02 20 1 1 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 0704 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-7H08841A-20-47 10/08/2019OFFICE PAC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): The City of Riverside its officers employees and agents LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: 3900 Main Street,Riverside CA 92522 (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" 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". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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" 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". CG 20 37 07 04 Page ofCG T8 03 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 680-7H08841A-20-47 10/08/2019OFFICE PAC Copyright ISO Properties, Inc. 2004 Page ofCG T8 03 02 20 2 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "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 INSURED, Page ofCG T8 02 02 20 1 2 ISSUE DATE: This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 680-7H08841A-20-47 10/08/2019OFFICE PAC THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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 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. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page ofCG T8 02 02 20 2 2 COMMERCIAL GENERAL LIABILITY Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T1 00 02 19 c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Policy Number: 6807H08841A CG D3 79 02 19 Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION III – LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II – Who Is An Insured. K. MEDICAL PAYMENTS – INCREASED LIMIT The following replaces Paragraph 7. of SECTION III – LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION – PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, 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, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION – WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Policy Number: 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/04/20 Policy Expiration Date:02/13/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 of 7 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 20 CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR LIFT STATION GENERATOR REPLACEMENT; PROJECT NO. 3840 This twenty Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 31, 2019, (“proposal”), attached as Appendix "A" for the Construction Management & Inspection, Lift Station Generator Replacement Project, (the “Project"). The Project services shall include Construction Management & Inspection, Lift Station Generator Replacement Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $25,200. DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 November 14, 2019 TRAN1475 City Attorney Approved Version 7/19/17 2 of 7 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 TRAN1475 City Attorney Approved Version 7/19/17 3 of 7 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR FOXES LANDING LIFT STATION GENERATOR REPLACEMENT; PROJECT 3840 TASK GROUP TIME & MATERIALS 1.Resident Engineer/Site Inspection - 180 hrs @ $140/hr 25,200 TOTAL (Not-to-Exceed) $25,200 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson, Construction Services Mgr. Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________________ Date: ___________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 11/14/2019 July 31, 2019 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request Construction Management & Inspection, “Lift Station Generator Replacement Project” Project No. 3840-12 Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the Foxes Landing Lift Station. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. Appendix "A" TRAN1475 4 of 7 DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 2 of 4 B.Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C.Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D.Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E.Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F.Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the TRAN1475 5 of 7 DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 3 of 4 Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A.Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B.Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and TRAN1475 6 of 7 DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 4 of 4 photo documentation. Also provide and submit one set of redlined as-built drawings FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays. The Contractor’s current schedule indicates a completion in October of 2019. The October 2019 completion date is a best estimate based on the information that IEC currently has. There are construction issues still in the process of being resolved that may further impact the schedule beyond October 2019. IEC has included one month of contingency in this request, but should the schedule again be extended beyond that IEC will again need to request additional budget in order to complete the project. IEC is requesting a budget increase of $123,200.00 (One Hundred Twenty-three Thousand, Two Hundred and Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; •Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 180 hrs @ $140.00/HR $ 25,200.00 Total $ 25,200.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management TRAN1475 7 of 7 DocuSign Envelope ID: ACC6F38A-6A0A-4AFC-8D6A-F9E1982FFD26 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/14/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 397358792 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2019 2/13/2020 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2019 2/13/2020 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2019 2/13/2020 B Y 72WEGRT6756 2/13/2019 2/13/2020 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9938352 2/13/2019 2/13/2020 Each ClaimAggregate $2,000,000$2,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 '311)6'-%0 %983 430-'= )2(367)1)28 '% 8 430-'= 291&)6 BA0643M522 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= 238-') 3* '%2')00%8-32 -8 -7 %+6))( 8,%8 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= ()7-+2%8)( )28-8= 238-') 3* '%2')00%8-32 463:-()( &= 97 8,-7 )2(367)1)28 13(-*-)7 -2796%2') 463:-()( 92()6 8,) *3003;-2+ %00 '3:)6%+) 4%687 -2'09()( -2 8,-7 430-'= 7',)(90) '%2')00%8-32 291&)6 3* (%=7 238-') 3* '%2')00%8-32 4)6732 36 36+%2->%8-32 %2= 4)6732 36 36+%2->%8-32 83 ;,31 =39 ,%:) %+6))( -2 % ;6-88)2 '3286%'8 8,%8 238-') 3* '%2')00%8-32 3* 8,-7 430-'= ;-00 &) +-:)2 &98 320= -* =39 7)2( 97 % ;6-88)2 6)59)78 83 463:-() 79', 238-') -2'09(-2+ 8,) 2%1) %2( %((6)77 3* 79', 4)6732 36 36+%2->%8-32 %*8)6 8,) *-678 2%1)( -2796)( 7,3;2 -2 8,) ()'0%6%8-327 6)')-:)7 238-') *631 97 3* 8,) '%2')00%8-32 3* 8,-7 430-'= %2( ;) 6)')-:) 79', ;6-88)2 6)59)78 %8 0)%78 (%=7 &)*36) 8,) &)+-22-2+ 3* 8,) %440-'%&0) 291&)6 3* (%=7 7,3;2 -2 8,-7 7',)(90) %((6)77 8,) %((6)77 *36 8,%8 4)6732 36 36+%2->%8-32 -2'09()( -2 79', ;6-88)2 6)59)78 *631 =39 83 97 463:-7-327 % -* ;) '%2')0 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 38,)6 8,%2 2324%=1)28 3* 46)1-91 ;) ;-00 1%-0 238-') 3* '%2')00%8-32 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 '%2')00%8-32 -2 8,) 7',)(90) %&3:) &)*36) 8,) )**)'8-:) (%8) 3* '%2')00%8-32 & -* ;) ()'-() 83 238 6)2); 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 %2( % 291&)6 3* (%=7 -7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 238-') 3* 8,) 2326)2);%0 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) &)*36) 8,) )<4-6%8-32 (%8) )**)'8-:) (%8) 9 )<4-6%8-32 (%8) 20 4%+) Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 of 7 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 19 CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR FOXES LANDING LIFT STATION; PROJECT NO. 5526 This nineteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 31, 2019, (“proposal”), attached as Appendix "A" for the Construction Management & Inspection, Foxes Landing Lift Station, (the “Project"). The Project services shall include Construction Management & Inspection, Foxes Landing Left Station. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $123,200. DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F November 14, 2019 TRAN1475 City Attorney Approved Version 7/19/17 2 of 7 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F TRAN1475 City Attorney Approved Version 7/19/17 3 of 7 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT & INSPECTION, FOXES LANDING LEFT STATION TASK GROUP TIME & MATERIALS 1. Resident Engineer/Site Inspection - 880 hrs @ $140/hr $123,200 TOTAL (Not-to-Exceed) $123,200 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson, Construction Services Mgr. Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F 11/14/2019 July 31, 2019 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request No. 4 Construction Management & Inspection, “Foxes Landing Lift Station” Contract No. 5526 Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the Foxes Landing Lift Station. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B.Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will Appendix "A" 4 of 7 DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 2 of 4 ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, Appendix "A" 5 of 7 DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 3 of 4 review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings Appendix "A" 6 of 7 DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F Mr. Babaq Taj City of Carlsbad July 31, 2019 Page 4 of 4 FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays. The Contractor’s current schedule indicates a completion in December of 2019. The December 2019 completion date is a best estimate based on the information that IEC currently has. There are construction issues still in the process of being resolved that may further impact the schedule beyond December 2019. IEC has included one month of contingency in this request, but should the schedule again be extended beyond that IEC will again need to request additional budget in order to complete the project. IEC is requesting a budget increase of $123,200.00 (One Hundred Twenty-three Thousand, Two Hundred and Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 880 hrs @ $140.00/HR $ 123,200.00 Total $ 123,200.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management Appendix "A" 7 of 7 DocuSign Envelope ID: 95BA9BB1-2183-4EF7-BB78-915532D79E9F The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/14/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 397358792 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2019 2/13/2020 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2019 2/13/2020 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2019 2/13/2020 B Y 72WEGRT6756 2/13/2019 2/13/2020 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9938352 2/13/2019 2/13/2020 Each ClaimAggregate $2,000,000$2,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 '311)6'-%0 %983 430-'= )2(367)1)28 '% 8 430-'= 291&)6 BA0643M522 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= 238-') 3* '%2')00%8-32 -8 -7 %+6))( 8,%8 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= ()7-+2%8)( )28-8= 238-') 3* '%2')00%8-32 463:-()( &= 97 8,-7 )2(367)1)28 13(-*-)7 -2796%2') 463:-()( 92()6 8,) *3003;-2+ %00 '3:)6%+) 4%687 -2'09()( -2 8,-7 430-'= 7',)(90) '%2')00%8-32 291&)6 3* (%=7 238-') 3* '%2')00%8-32 4)6732 36 36+%2->%8-32 %2= 4)6732 36 36+%2->%8-32 83 ;,31 =39 ,%:) %+6))( -2 % ;6-88)2 '3286%'8 8,%8 238-') 3* '%2')00%8-32 3* 8,-7 430-'= ;-00 &) +-:)2 &98 320= -* =39 7)2( 97 % ;6-88)2 6)59)78 83 463:-() 79', 238-') -2'09(-2+ 8,) 2%1) %2( %((6)77 3* 79', 4)6732 36 36+%2->%8-32 %*8)6 8,) *-678 2%1)( -2796)( 7,3;2 -2 8,) ()'0%6%8-327 6)')-:)7 238-') *631 97 3* 8,) '%2')00%8-32 3* 8,-7 430-'= %2( ;) 6)')-:) 79', ;6-88)2 6)59)78 %8 0)%78 (%=7 &)*36) 8,) &)+-22-2+ 3* 8,) %440-'%&0) 291&)6 3* (%=7 7,3;2 -2 8,-7 7',)(90) %((6)77 8,) %((6)77 *36 8,%8 4)6732 36 36+%2->%8-32 -2'09()( -2 79', ;6-88)2 6)59)78 *631 =39 83 97 463:-7-327 % -* ;) '%2')0 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 38,)6 8,%2 2324%=1)28 3* 46)1-91 ;) ;-00 1%-0 238-') 3* '%2')00%8-32 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 '%2')00%8-32 -2 8,) 7',)(90) %&3:) &)*36) 8,) )**)'8-:) (%8) 3* '%2')00%8-32 & -* ;) ()'-() 83 238 6)2); 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 %2( % 291&)6 3* (%=7 -7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 238-') 3* 8,) 2326)2);%0 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) &)*36) 8,) )<4-6%8-32 (%8) )**)'8-:) (%8) 9 )<4-6%8-32 (%8) 20 4%+) Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 7/19/17 1 of 12 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 18 LAKE REFURBISHMENT FOR THE CROSSINGS AT CARLSBAD GOLF COURSE; PROJECT NO. 4084 This eighteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated September 5, 2019, (“proposal”), attached as Appendix "A" for the Lake Refurbishment For The Crossings At Carlsbad Golf Course, (the “Project"). The Project services shall include Construction Management and Inspection Services of: lake liner replacement, landscape upgrades and lake shoreline refurbishment. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $106,400. DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 November 14, 2019 TRAN1475 City Attorney Approved Version 7/19/17 2 of 12 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 TRAN1475 City Attorney Approved Version 7/19/17 3 of 12 TABLE 1 FEE ALLOTMENT LAKE REFURBISHMENT TASK GROUP TIME & MATERIALS 1.Resident Engineer- 720 hrs @ $140/hr $100,800 2. Supplemental Lining Inspector- 40 hrs @ $140/hr $5,600 TOTAL (Not-to-Exceed) $106,400 CONTRACTOR: INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation INFRASTRUCTURE ENGINEERING CORPORATION (IEC), a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) Scott Adamson, Construction Services Mgr. (sign here) Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 11/14/2019 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituti.ng all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 millio� requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, TIIEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section 1; The President/Treasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 4 of 12 TRAN1475 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 September 5, 2019 Ms. Emily Hasegawa, P.E. Municipal Projects Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Reference: Proposal to Perform Construction Management and Inspection Services for “The Lake Refurbishment at The Crossings, Carlsbad Golf Course” Dear Ms. Hasegawa; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for Construction Management and Inspection services for the City of Carlsbad on the Lake Refurbishment Project located at The Crossings at the Carlsbad Golf Course. IEC has had a long history of providing similar services to the City of Carlsbad over the last fifteen years and looks forward to the opportunity to continue our relationship. As part of this proposal we’ve presented our proposed personnel to be assigned to the project, a short description of our overall management approach, a more detailed proposed Scope of Services, and finally a proposed fee. PERSONNEL: IEC would like to propose Mr. Jim Turrell, P.E., Sr. Construction Manager as our Resident Engineer/Inspector on this project. Mr. Turrell is a long time veteran of the construction management and inspection field. His projects have included everything from municipal street and drainage projects to water/wastewater treatment plants and lift station rehabilitation. His inspection experience includes civil, mechanical, structural and architectural disciplines. We’ve included a copy of his resume with this proposal for your review. IEC would also propose to call on Mr. John Klimuszko, Resident Engineer in a supplemental support role due to his extensive experience with HDPE liner installations. Unfortunately, Mr. Klimuszko would not be available to act as the primary representative on this project, however he is currently committed long term in nearby Encinitas, and can be available at a moment’s notice should issues arise where his expertise in this particular field would be helpful. We have also included his resume with this proposal. TRAN1475 5 of 12 Appendix "A" DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Ms. Emily Hasegawa City of Carlsbad September 5th, 2019 Page 2 of 6 APPROACH: IEC’s team would be led by Mr. Scott Adamson, P.E., Senior Construction Manager. Mr. Adamson’s role would be one of oversight, managing IEC’s budget and coordinating with our field personnel to make sure the project is progressing to the best possible extent possible. He will coordinate with Mr. Dazzo regarding change orders and schedule reviews, providing suggestions for minimizing impacts of these items. As summarized above, Mr. Turrell would be IEC’s primary representative on the project. The role of providing much of the Scope of Services presented below would fall on his shoulders. He will act as the City’s representative on the project, managing the construction contract, performing contract management duties, providing day to day inspection services, and coordinating with City departments and stakeholders. He would also coordinate any additional consultant services contracted by the City such as geotechnical testing. Again, as stated above, Mr. Klimuszko’s role would be that of supplemental consultation regarding HDPE liner installation. At the initiation of liner installation operations the IEC team will review the contractor’s proposed methods and workplan, and provide comment on feasibility and expected quality. Mr. Klimuszko will also make brief site visits to review the ongoing lining operations with Mr. Dazzo and provide comment on items that may need increased attention. SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. TRAN1475 6 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Ms. Emily Hasegawa City of Carlsbad September 5th, 2019 Page 3 of 6 Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B.Project Coordination Provide coordination between the Contractor, Outside Agencies, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. C.Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as rock and sand products, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D.Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E.Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, TRAN1475 7 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Ms. Emily Hasegawa City of Carlsbad September 5th, 2019 Page 4 of 6 extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F.Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A.Daily Construction Monitoring Provide inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B.Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. TRAN1475 8 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Ms. Emily Hasegawa City of Carlsbad September 5th, 2019 Page 5 of 6 Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Upon completion of the project, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection report, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as built drawings. FEE: IEC is pleased to present this estimated fee for Construction Management and Inspection services. In developing this estimate we’ve reviewed the supplied plans and called on our experience with similar projects. In addition, per the City’s direction we have assumed inspection for a 90 working day construction schedule for construction management and inspection services. Should IEC be requested to provide additional services, such as extended shifts or weekends, or should the construction schedule be extended, IEC will need to request additional budget. Please note that this estimate does not include geotechnical and materials testing or inspection, including special inspection of steel reinforcement and concrete placement. We have assumed that the City will arrange for these services through separate contract with their geotechnical and materials testing consultant. If the city would like IEC to provide these services, we would be happy to arrange them. We can provide an estimate under a separate proposal, or revise this one to reflect those additional services. IEC requests a total not to exceed fee of $ 106,400 (One Hundred, Six Thousand, and Four Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; •Resident Engineering/Construction Inspection Mr. Jim Turrell 720 hrs @ $140.00 $ 100,800.00 Sr. Construction Manager TRAN1475 9 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Ms. Emily Hasegawa City of Carlsbad September 5th, 2019 Page 6 of 6 •Supplemental Lining Inspection Mr. John Klimuszko, 40 hrs @ $140.00 $ 5,600.00 Resident Engineer Total $ 106,400.00 As always we have presented a budget that we feel adequately provides the level of service we believe the City is looking for. We would be more than happy to sit down with the City and review the proposed budget to see if there are areas within the scope that can be further refined. We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management TRAN1475 10 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Resume - Turrell 1 Professional RegistrationRegistered Professional Engineer California No. C56218 Contractor's LicenseCalifornia No. 789712 (A)Hawaii No. CT-32802 (A) EducationUniversity of Texas, AustinCalifornia Polytechnic State University, San Luis Obispo B.S. Civil Engineering, 1991 LanguagesFrench (fluent; spoken and written)Spanish (basic) QualificationsMr. Turrell has 30 plus years of experience in construction management, resident engineering and inspection services experience in the public works construction field. During his career Mr. Turrell has worked on both large an small sized projects in all different fields including transportation, water/sewer pipelines and facilities, drainage improvements, and vertical construction. As one of our most senior construction managers, Mr. Turrell is one of our most self sufficient construction professionals. He is often called on to mentor and manage more junior staff, and has the experience to provide seasoned advice to our clients regarding design changes and change order negotiations. Project ExperienceLand Outfall Sliplining Under I-5, Vallecitos Water District – Construction Manager for approximately 800 linear feet of 54” ductile iron pipe gravity sewer that required live sliplining for rehabilitation beneath Interstate-5. Coordination efforts on this project also involved Encina Wastewater Authority and Caltrans. A-2 Lift Station Rehabilitation, Elsinore Valley Municipal Water District – ConstructionManager for the rehabilitation of an existing 3,600 gpm lift station located within theCity of Lake Elsinore, CA. Responsibilities include general contract administration,submittal review, RFI review and processing, coordination with outside agencies andstakeholders, and change order preparation and processing. California Department of Water Resources, Arroyo Grande, California – Resident Engineer with duties that included supervision of civil and mechanical inspection crews for tunnel projects, involving excavation by Tunnel Boring Machine, open faced shield, drill and blast methods and placement of ground support systems. Supervised excavation, placement welding and backfill of 24” to 42” concrete coated, mortar lined steel pipelines, including valving, cathodic protection, and appurtenances. Reviewed submittals, answered Requests for Information, and corresponded with contractors. Participated in claims review and meetings. 14” Brine Line Inspection, City of Oceanside – Construction Inspector for 10,000 linear feet of PVC pipeline. Duties included maintaining communication with District and Contractor, ensuring conformance to contract documents, and submittal reviews for jack & bore operations. The project also included night work completed along a busy intersection in Oceanside. California Department of Transportation, San Luis Obispo, California – Resident Engineer for asphalt roadway rehabilitation projects, slide removal, rock slope protection, and culvert repair. Administered major and minor contracts, including concrete and asphalt paving, striping traffic signal, street lighting, CML&C piping, RCP storm drain installation, and drainage structures. Issued Contract Change Orders, prepared progress payments, and processing claims. Jim Turrell, PE Senior Construction Manager/Resident Engineer TRAN1475 11 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 Resume - Klimuszko 1 Education Southampton College of Long Island University, New York B.S. Geology UCSD Extension College Construction Practices Certifications Hazardous Waste Management, City of San Diego, 2014 QualificationsMr. John Klimuszko has over 30 years of experience in construction management, resident engineering, inspection and administration in a wide variety of municipal, capital improvement, and development projects. Mr. Klimuszko has successfully completed numerous civil projects including grading and drainage improvements, grade separations, traffic signals, asphalt paving, pump stations, water and sewer mains, treated water floating cover reservoirs, pre-stressed concrete reservoirs, and municipal improvements. Mr. Klimuszko’s responsibilities have included daily construction observation, change order negotiation, sub-consultant coordination, construction cost accounting, reviewing scheduling, shop drawings, and submittal review. Project ExperienceFire Mountain and Guajome #1 Concrete Tank Rehabilitation, City of Oceanside – Mr. Klimuszko provided construction management and inspection services on this $5 million dollar project involving the rehabilitation of two existing concrete tanks water tanks for the City of Oceanside Public Utilities Department. Rehabilitation of both tanks involved the removal of the existing pre-stressing cable wrap, seismic retrofitting, and re-wrapping and stressing of the tanks. The projects also included upgrades to yard piping and controls at each tank as well. Pala Mesa Reservoir, Rainbow Municipal Water District – Resident Engineer/Senior Construction Inspector for Phase II construction for the District's new reservoir. This project required demolition of an existing 8 MG embankment reservoir that was no longer usable, excavation of 88,000 cubic yards of surplus soil and rock export, site grading for two tanks (a 6 MG reservoir and one slated for future construction) and construction of storm drains and a detention basin. Mr. Klimuszko was responsible for providing Resident Engineering services as well as site inspection. Upper Chiquita Reservoir Lining and Floating Cover, Santa Margarita Water District – Senior Construction Inspector for the installation of approximately 720,000 SF of geonet composite drainage layer (under liner) including collection piping, approximately 720,000 SF of 60 mil (1.5 mm) fPP-R geomembrane primary lining, and approximately 720,000 SF of 60 mil (1.5 mm) CSPE-R floating cover and accessories. Construction Quality Assurance includes inspection and reporting on all requisite storage, installation methods, welding, NDT/Destructive Testing and mechanical attachments to structures and upper reservoir perimeter in accordance with the Contract Documents and Technical Specifications. North and Northside Reservoirs Rehabilitation Project, Rainbow Municipal Water District – Resident Engineer for a $5 Million Rainbow Municipal Water District project to rehabilitate two potable water reservoirs – 8 MG (1.5 acres) and 23 MG (3.1 acres). Both reservoirs included new concrete anchor curbs, piping, inlet and outlet structures, geomembrane liners, and geomembrane floating covers with vents, hatches, rainwater removal pumps and associated appurtenances. The project site work included 18 inch and 24 inch PVC C-905 and CML&C steel piping, valves and vaults, CIPP relining for drainage and potable pipelines. Surface improvements included concrete sidewalk, paving, fencing and concrete pads for booster pumps. Electrical work included pump control panels and controls for SCADA connectivity. John Klimuszko Resident Engineer TRAN1475 12 of 12 DocuSign Envelope ID: D4C2A2CC-063D-47DD-BAA0-FD371002BFD0 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/14/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 397358792 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2019 2/13/2020 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2019 2/13/2020 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2019 2/13/2020 B Y 72WEGRT6756 2/13/2019 2/13/2020 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9938352 2/13/2019 2/13/2020 Each ClaimAggregate $2,000,000$2,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 '311)6'-%0 %983 430-'= )2(367)1)28 '% 8 430-'= 291&)6 BA0643M522 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= 238-') 3* '%2')00%8-32 -8 -7 %+6))( 8,%8 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= ()7-+2%8)( )28-8= 238-') 3* '%2')00%8-32 463:-()( &= 97 8,-7 )2(367)1)28 13(-*-)7 -2796%2') 463:-()( 92()6 8,) *3003;-2+ %00 '3:)6%+) 4%687 -2'09()( -2 8,-7 430-'= 7',)(90) '%2')00%8-32 291&)6 3* (%=7 238-') 3* '%2')00%8-32 4)6732 36 36+%2->%8-32 %2= 4)6732 36 36+%2->%8-32 83 ;,31 =39 ,%:) %+6))( -2 % ;6-88)2 '3286%'8 8,%8 238-') 3* '%2')00%8-32 3* 8,-7 430-'= ;-00 &) +-:)2 &98 320= -* =39 7)2( 97 % ;6-88)2 6)59)78 83 463:-() 79', 238-') -2'09(-2+ 8,) 2%1) %2( %((6)77 3* 79', 4)6732 36 36+%2->%8-32 %*8)6 8,) *-678 2%1)( -2796)( 7,3;2 -2 8,) ()'0%6%8-327 6)')-:)7 238-') *631 97 3* 8,) '%2')00%8-32 3* 8,-7 430-'= %2( ;) 6)')-:) 79', ;6-88)2 6)59)78 %8 0)%78 (%=7 &)*36) 8,) &)+-22-2+ 3* 8,) %440-'%&0) 291&)6 3* (%=7 7,3;2 -2 8,-7 7',)(90) %((6)77 8,) %((6)77 *36 8,%8 4)6732 36 36+%2->%8-32 -2'09()( -2 79', ;6-88)2 6)59)78 *631 =39 83 97 463:-7-327 % -* ;) '%2')0 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 38,)6 8,%2 2324%=1)28 3* 46)1-91 ;) ;-00 1%-0 238-') 3* '%2')00%8-32 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 '%2')00%8-32 -2 8,) 7',)(90) %&3:) &)*36) 8,) )**)'8-:) (%8) 3* '%2')00%8-32 & -* ;) ()'-() 83 238 6)2); 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 %2( % 291&)6 3* (%=7 -7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 238-') 3* 8,) 2326)2);%0 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) &)*36) 8,) )<4-6%8-32 (%8) )**)'8-:) (%8) 9 )<4-6%8-32 (%8) 20 4%+) Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES INFRASTRUCTURE ENGINEERING CORPORATION This ratification of Amendment No. 2 and Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Infrastructure Engineering Corporation, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On September 13, 2017, the Parties executed Amendment No. 1 to (i) alter the Agreement’s original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000), and (ii) extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. On August 17, 2018, the Parties executed Amendment No. 2 to extend and fund the Agreement for an additional period of one (1) year, ending September 29, 2019; and C. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 2 lacked proper authority to sign; and D. The Parties desire to ratify Amendment No. 2 to the Agreement, retroactive to August 17, 2018; and E. The Parties desire to extend the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 2 to the Agreement is hereby ratified, retroactive to August 17, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: CA855910-0E46-4820-A632-91E065197BFD 14th August TRAN1475 City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced 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 Amendment. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Robert Weber, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Vicki Shaw, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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 BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: CA855910-0E46-4820-A632-91E065197BFD ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/26/2019 License # 0E67768 (949) 297-0036 52026 (949) 297-5960 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2019 7/1/2020 1,000,000 Add’l Insd/Prim/WOS 10,000 Form# PPB3040212 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2019 7/1/2020 A X PSW0001591 7/1/2019 7/1/2020 1,000,000 1,000,000 1,000,000 B Prof Liab; Clms-Made MCH591889923 7/1/2019 Per Claim 2,000,000 B $10K Per Clm Ded MCH591889923 7/1/2019 7/1/2020 Aggregate 4,000,000 Re: Fire Station #3, CIP #40031 (CM/Inspection/Testing Services) City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 FRENCHD IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Danielle French Danielle.French@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2020 X X X X X X X TRAN1475 City Attorney Approved Version 7/19/17 1 of 7 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 17 CONSTRUCTION MANAGEMENT AND INSPECTION ADDITIONAL SERVICES FOR THE FOXES LANDING LIFT STATION REPLACEMENT PROJECT, PROJECT NO. 5526 This seventeenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Infrastructure Engineering Corporation (IEC), a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management & Inspection services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 22, 2019, (“proposal”), attached as Appendix "A" for the Foxes Landing Lift Station Replacement Project, (the “Project"). The Project services shall include construction management and inspection services and special inspections for electrical and SCADA operations. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5)working days after receiving this fully executed document and a City Purchase Order.Contractor shall complete the work within one hundred (100) working days thereafter.Working days are defined in section 6-7.2 "Working Day" of the Standard Specificationsfor Public Works Construction (Green Book). Extensions of time for this Task Descriptionmay be granted if requested and agreed to in writing by the Director or City Manager. Inno event shall Contractor work beyond the term or authorized compensation of theAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on hours of work per work day. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $142,912. DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 May 14, 2019 TRAN1475 City Attorney Approved Version 7/19/17 2 of 7 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776./// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 TRAN1475 City Attorney Approved Version 7/19/17 3 of 7 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION ADDITIONAL SERVICES FOR THE FOXES LANDING LIFT STATION REPLACEMENT PROJECT CIP 5526 TASK GROUP TIME & MATERIALS Construction Management & Inspection – 680hrs @ $140/hr. Mr. Rob Fitzgerald, Resident Engineer / Site Inspector $95,200 Electrical & SCADA Inspection- 336hrs @ 142/hr. Mr. Jim Hudson, Electrical and SCADA Inspector $47,712 TOTAL (Not-to-Exceed) $142,912 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson, Construction Services Mgr. Vicki Shaw, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 5/14/2019 February 22, 2019 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Budget Increase Request No. 3 Construction Management & Inspection, “Foxes Landing Lift Station” Contract No. 5526 Dear Mr. Taj; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the Foxes Landing Lift Station. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A.Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B.Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will APPENDIX "A"TRAN1475 4 of 7 DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 Mr. Babaq Taj City of Carlsbad February 22, 2019 Page 2 of 4 ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C.Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D.Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E.Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F.Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, APPENDIX "A"TRAN1475 5 of 7 DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 Mr. Babaq Taj City of Carlsbad February 22, 2019 Page 3 of 4 review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A.Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B.Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings APPENDIX "A"TRAN1475 6 of 7 DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 Mr. Babaq Taj City of Carlsbad February 22, 2019 Page 4 of 4 FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. In addition, in order to continue providing services beyond the original contract completion date, IEC has utilized budget originally intended for RCS, Inc. for electrical and commissioning services. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required. These include full-time, on-site inspection services as well as continued construction management services for IEC and RCS through June 2019. IEC needs to point out that this project has encountered significant issues that have resulted in multiple delays. The June 2019 completion date is a best estimate based on the information that IEC currently has. There are construction issues still in the process of being resolved that may further impact the schedule beyond June 2019. Should that happen IEC will again need to request additional budget in order to complete the project. IEC is requesting a budget increase of $142,912.00 (One Hundred Forty-two Thousand, Nine Hundred and Twelve Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; •Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 680 hrs @ $140.00/HR $ 95,200.00 •Electrical/SCADA Inspector, Mr. Jim Hudson Electrical and SCADA Inspection 336 hrs @ $142.00/HR $ 47,712.00 Total $ 142,912.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management APPENDIX "A"TRAN1475 7 of 7 DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 ACTION BY UNANTh10US WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constitufa1g all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section I: The Presidentrfreasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and I DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the foJlowing amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 GeorgeElaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the execution, acknowledgement, and filing of any documents, ~ itings, or book entries that may b~ to carry out these resolutions. 'Rob~ ... / ~-::;;;/.,,___-7"---:r----'\. ..... Preston Lewis 2 DocuSign Envelope ID: DC5CB965-0025-457F-91E2-CC0E35B6A718 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/14/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 397358792 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2019 2/13/2020 2,000,000 Deductible 0 A 1,000,000 X XX Y BA0643M522 2/13/2019 2/13/2020 A X X 5,000,000 0 CUP3637T08A X 5,000,000 2/13/2019 2/13/2020 B Y 72WEGRT6756 2/13/2019 2/13/2020 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9938352 2/13/2019 2/13/2020 Each ClaimAggregate $2,000,000$2,000,000 Re:Project Name:Carlsbad FCF No.5 Planning Study;IEC Project No:052.CARL.0026.01.Additional Insured coverage applies to General Liability andAutomobileLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made form,defense costs included within limit.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability &Employers Liability (additional insured and waiver of subrogation apply).If the insurance company elects to cancel or non-renew coverage for any reason otherthannonpaymentofpremiumtheywillprovide30daysnoticeofsuchcancellationornonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 '311)6'-%0 %983 430-'= )2(367)1)28 '% 8 430-'= 291&)6 BA0643M522 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= 238-') 3* '%2')00%8-32 -8 -7 %+6))( 8,%8 8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= ()7-+2%8)( )28-8= 238-') 3* '%2')00%8-32 463:-()( &= 97 8,-7 )2(367)1)28 13(-*-)7 -2796%2') 463:-()( 92()6 8,) *3003;-2+ %00 '3:)6%+) 4%687 -2'09()( -2 8,-7 430-'= 7',)(90) '%2')00%8-32 291&)6 3* (%=7 238-') 3* '%2')00%8-32 4)6732 36 36+%2->%8-32 %2= 4)6732 36 36+%2->%8-32 83 ;,31 =39 ,%:) %+6))( -2 % ;6-88)2 '3286%'8 8,%8 238-') 3* '%2')00%8-32 3* 8,-7 430-'= ;-00 &) +-:)2 &98 320= -* =39 7)2( 97 % ;6-88)2 6)59)78 83 463:-() 79', 238-') -2'09(-2+ 8,) 2%1) %2( %((6)77 3* 79', 4)6732 36 36+%2->%8-32 %*8)6 8,) *-678 2%1)( -2796)( 7,3;2 -2 8,) ()'0%6%8-327 6)')-:)7 238-') *631 97 3* 8,) '%2')00%8-32 3* 8,-7 430-'= %2( ;) 6)')-:) 79', ;6-88)2 6)59)78 %8 0)%78 (%=7 &)*36) 8,) &)+-22-2+ 3* 8,) %440-'%&0) 291&)6 3* (%=7 7,3;2 -2 8,-7 7',)(90) %((6)77 8,) %((6)77 *36 8,%8 4)6732 36 36+%2->%8-32 -2'09()( -2 79', ;6-88)2 6)59)78 *631 =39 83 97 463:-7-327 % -* ;) '%2')0 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 38,)6 8,%2 2324%=1)28 3* 46)1-91 ;) ;-00 1%-0 238-') 3* '%2')00%8-32 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 '%2')00%8-32 -2 8,) 7',)(90) %&3:) &)*36) 8,) )**)'8-:) (%8) 3* '%2')00%8-32 & -* ;) ()'-() 83 238 6)2); 8,-7 430-'= *36 %2= 78%89836-0= 4)61-88)( 6)%732 %2( % 291&)6 3* (%=7 -7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 238-') 3* 8,) 2326)2);%0 83 8,) 4)6732 36 36+%2->%8-32 7,3;2 -2 8,) 7',)(90) %&3:) ;) ;-00 1%-0 79', 238-') 83 8,) %((6)77 7,3;2 -2 8,) 7',)(90) %&3:) %8 0)%78 8,) 291&)6 3* (%=7 7,3;2 *36 2326)2);%0 -2 8,) 7',)(90) %&3:) &)*36) 8,) )<4-6%8-32 (%8) )**)'8-:) (%8) 9 )<4-6%8-32 (%8) 20 4%+) Policy No. BA0643M522 Policy No. BA0643M522 Policy No. BA0643M522 7',)(90) 2326)2);%0 %((6)77 430-'=291&)6 -779)(%8) 8,-7)2(367)1)28',%2+)78,)430-'=40)%7)6)%(-8'%6)*900= ()7-+2%8)()28-8=z238-')3* '%2')00%8-322326)2);%0463:-()(&=97 8LMWIRHSVWIQIRXQSHMJMIWMRWYVERGITVSZMHIHYRHIVXLIJSPPS[MRK %00'3:)6%+)4%687-2'09()(-28,-7430-'= '%2')00%8-32 2YQFIVSJ(E]W2SXMGISJ'ERGIPPEXMSR 2YQFIVSJ(E]W2SXMGISJ2SRVIRI[EP 4)673236 36+%2->%8-32 463:-7-327 -08 8LI8VEZIPIVW-RHIQRMX]'SQTER]4EKISJ %2=4)67323636+%2->%8-3283;,31=39 ,%:)%+6))(-2%;6-88)2'3286%'88,%8 238-')3*'%2')00%8-32362326)2);%03*8,-7430-'= ;-00&)+-:)2&98320=-* =397)2(97%;6-88)26)59)7883 463:-()79',238-')-2'09(-2+8,) 2%1)%2(%((6)773*79',4)673236 36+%2->%8-32%*8)68,)*-6782%1)( -2796)(6)')-:)7238-')*631973* 8,)'%2')00%8-32362326)2);%03*8,-7430-'= %2( ;)6)')-:)79',;6-88)26)59)78%8 0)%78(%=7&)*36)8,)&)+-22-2+3* 8,)%440-'%&0)291&)63*(%=77,3;2 -28,-77',)(90) 8,)%((6)77*368,%84)67323636+%2-> %8-32-2'09()(-279',;6-88)26)59)78 *631=398397 %-J[IGERGIPXLMWTSPMG]JSVER]WXEXYXSVMP]TIVQMX XIH VIEWSR SXLIV XLER RSRTE]QIRX SJ TVIQMYQ ERHERYQFIVSJHE]WMWWLS[RJSVGERGIPPEXMSRMR XLIWGLIHYPIEFSZI[I[MPPQEMPRSXMGISJGERGIP PEXMSRXSXLITIVWSRSVSVKERM^EXMSRWLS[RMRXLI WGLIHYPIEFSZI ;I[MPPQEMPWYGLRSXMGIXSXLI EHHVIWWWLS[RMRXLIWGLIHYPIEFSZIEXPIEWXXLI RYQFIV SJ HE]W WLS[R JSV GERGIPPEXMSR MR XLI WGLIHYPIEFSZIFIJSVIXLIIJJIGXMZIHEXISJGER GIPPEXMSR &-J[IHIGMHIXSRSXVIRI[XLMWTSPMG]JSVER]WXEXY XSVMP]TIVQMXXIHVIEWSRERHERYQFIVSJHE]WMW WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZI[I [MPPQEMPRSXMGISJXLIRSRVIRI[EPXSXLITIVWSRSV SVKERM^EXMSR WLS[R MR XLI WGLIHYPI EFSZI ;I [MPPQEMPWYGLRSXMGIXSXLIEHHVIWWWLS[RMRXLI WGLIHYPI EFSZI EX PIEWX XLI RYQFIV SJ HE]W WLS[RJSVRSRVIRI[EPMRXLIWGLIHYPIEFSZIFI JSVIXLII\TMVEXMSRHEXI 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A 6807H08841A THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20© 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP. 14271 DANIELSON STPOWAYCA92064 This policy is subject to the following additionalConditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of suchcancellationwillbeprovidedatleastthirty(30)days in advance of the cancellation effective date to thecertificateholder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company fornon-payment of premium,or by the insured,notice of such cancellation will be provided within ten (10)days of the cancellation effective date to the certificate holder(s)with mailing addresses on filewith the agent of record or the Company. If notice is mailed,proof of mailing to the last knownmailingaddressofthecertificateholder(s)on file with the agent of record or the Company will be sufficientproof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issueda certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellationbecomeseffective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability ofanykindupontheCompanyoritsagentsor representatives. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/07/19 Policy Expiration Date:02/13/20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG RT6756 Endorsement Number: Effective Date:02/13/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:INFRASTRUCTURE ENG. CORP.14271 DANIELSON STPOWAYCA92064 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 youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us TRAN1475 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES INFRASTRUCTURE ENGINEERING CORPORATION This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated September 29, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Infrastructure Engineering Corporation, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On September 13, 2017, the Parties executed Amendment No. 1 to alter the Agreement’s original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000); reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000) and extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// DocuSign Envelope ID: 5DA5FD98-A72B-4780-9ABF-4653D7DADB01 17th August TRAN1475 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR, INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick City Manager Robert Weber / President (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON Vicki Shaw / Secretary City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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 BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 5DA5FD98-A72B-4780-9ABF-4653D7DADB01 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/16/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 1189840862 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2018 2/13/2019 2,000,000 Deductible 0 A 1,000,000 X XX BA0643M522 2/13/2018 2/13/2019 A X X 2,000,000 0 CUP3637T08A X 2,000,000 2/13/2018 2/13/2019 B Y 72WEGRT6756 2/13/2018 2/13/2019 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9921869 2/13/2018 2/13/2019 Each ClaimAggregate $2,000,000$2,000,000 RE:Agreement Number :TRAN1490,Agreement Name :Tri-Agencies Wtr Transmission Pipelines R2-Ph1.Additional Insured coverage applies to GeneralLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claimsmadeform,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumCavignac&Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERCIAL GENERAL LIABILITY CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury","property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omis- sions of such person or organization; or d.For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis toany person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f.This insurance does not apply to the render- ing of or failure to render any "professional services". g.In the event that the Limits of Insurance of theCoverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ-ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that “written contract requiring insurance”. This endorsement does not increase the lim- its of insurance described in Section III - Lim-its Of Insurance. h.This insurance does not apply to "bodily inju-ry" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifi-cally requires you to provide such coverage for that additional insured, and then the insur-ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re-quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is Policy #6807H08841A Policy #6807H08841A COMMERCIAL GENERAL LIABILITY Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in ef- fect; and c.Before the end of the policy period. 72 WEG RT6756 02/13/18 INFRASTRUCTURE ENG.CORP. 14271 DANIELSON ST POWAY,CA 92064 Policy Number:Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 12/28/17 02/13/19 2 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. AS REQUIRED BY WRITTEN CONTRACT. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:Policy Expiration Date: TRAN1475 City Attorney Approved Version 7/19/17 1 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 6608 This Ratification of the tenth Project Task Description and Fee Allotment, is entered into on _________________________________________, but effective as of 26th day of November 2016 pursuant to Agreement No. TRAN1475 between INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor has provided construction management and inspection services in accordance with the "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services included construction management, contract administration, and inspection of all public improvements being constructed as part of the NW Quadrant Storm Drain (Arbuckle), Project No. 6608-2. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor completed the work within time allotted, within thirty (30) working days. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Table 1. Additional task groups, not shown in Table 1, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $1,680. DocuSign Envelope ID: ADED7B22-184E-4BEE-BEB3-1DDD5DE3FCEC October 24, 2018 TRAN1475 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: ADED7B22-184E-4BEE-BEB3-1DDD5DE3FCEC TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR ARBUCKLE STORM DRAIN TASK GROUP TIME & MATERIALS Construction Management and Inspections, Supplemental Funds at $140/HR $1,680 TOTAL (Not-to-Exceed) $1,680 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson / Construction Services Mgr. Vicki Shaw / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez / Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ DocuSign Envelope ID: ADED7B22-184E-4BEE-BEB3-1DDD5DE3FCEC Assistant City Attorney October 24, 2018 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/16/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 1189840862 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2018 2/13/2019 2,000,000 Deductible 0 A 1,000,000 X XX BA0643M522 2/13/2018 2/13/2019 A X X 2,000,000 0 CUP3637T08A X 2,000,000 2/13/2018 2/13/2019 B Y 72WEGRT6756 2/13/2018 2/13/2019 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9921869 2/13/2018 2/13/2019 Each ClaimAggregate $2,000,000$2,000,000 RE:Agreement Number :TRAN1490,Agreement Name :Tri-Agencies Wtr Transmission Pipelines R2-Ph1.Additional Insured coverage applies to GeneralLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claimsmadeform,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumCavignac&Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERCIAL GENERAL LIABILITY CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury","property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omis- sions of such person or organization; or d.For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis toany person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f.This insurance does not apply to the render- ing of or failure to render any "professional services". g.In the event that the Limits of Insurance of theCoverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ-ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that “written contract requiring insurance”. This endorsement does not increase the lim- its of insurance described in Section III - Lim-its Of Insurance. h.This insurance does not apply to "bodily inju-ry" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifi-cally requires you to provide such coverage for that additional insured, and then the insur-ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re-quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is Policy #6807H08841A Policy #6807H08841A COMMERCIAL GENERAL LIABILITY Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in ef- fect; and c.Before the end of the policy period. 72 WEG RT6756 02/13/18 INFRASTRUCTURE ENG.CORP. 14271 DANIELSON ST POWAY,CA 92064 Policy Number:Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 12/28/17 02/13/19 2 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. AS REQUIRED BY WRITTEN CONTRACT. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:Policy Expiration Date: TRAN1475 City Attorney Approved Version 7/19/17 1 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 6608 This Ratification of the eleventh Project Task Description and Fee Allotment, is entered into on _________________________________________, but effective as of 26th day of November 2016 pursuant to Agreement No. TRAN1475 between INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor has provided construction management and inspection services in accordance with the "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services included construction management, contract administration, and inspection of all public improvements being constructed as part of the NW Quadrant Storm Drain (Roosevelt), Project No. 6608-2. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor completed the work within time allotted, within thirty (30) working days. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Table 1. Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,040 DocuSign Envelope ID: E6238B3D-B560-461A-9E27-C527594DB45A October 16, 2018 TRAN1475 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E6238B3D-B560-461A-9E27-C527594DB45A TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR ROOSEVELT STORM DRAIN TASK GROUP TIME & MATERIALS Resident Engineering/Construction Inspection Supplemental Funds at $140/HR $5,040 TOTAL (Not-to-Exceed) $5,040 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation INFRASTRUCTURE ENGINEERING CORPORATION INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson / Construction Services Mgr. Vicki Shaw / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez / Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ DocuSign Envelope ID: E6238B3D-B560-461A-9E27-C527594DB45A Assistant City Attorney October 16, 2018 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/16/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 1189840862 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2018 2/13/2019 2,000,000 Deductible 0 A 1,000,000 X XX BA0643M522 2/13/2018 2/13/2019 A X X 2,000,000 0 CUP3637T08A X 2,000,000 2/13/2018 2/13/2019 B Y 72WEGRT6756 2/13/2018 2/13/2019 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9921869 2/13/2018 2/13/2019 Each ClaimAggregate $2,000,000$2,000,000 RE:Agreement Number :TRAN1490,Agreement Name :Tri-Agencies Wtr Transmission Pipelines R2-Ph1.Additional Insured coverage applies to GeneralLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claimsmadeform,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumCavignac&Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERCIAL GENERAL LIABILITY CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury","property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omis- sions of such person or organization; or d.For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis toany person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f.This insurance does not apply to the render- ing of or failure to render any "professional services". g.In the event that the Limits of Insurance of theCoverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ-ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that “written contract requiring insurance”. This endorsement does not increase the lim- its of insurance described in Section III - Lim-its Of Insurance. h.This insurance does not apply to "bodily inju-ry" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifi-cally requires you to provide such coverage for that additional insured, and then the insur-ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re-quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is Policy #6807H08841A Policy #6807H08841A COMMERCIAL GENERAL LIABILITY Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in ef- fect; and c.Before the end of the policy period. 72 WEG RT6756 02/13/18 INFRASTRUCTURE ENG.CORP. 14271 DANIELSON ST POWAY,CA 92064 Policy Number:Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 12/28/17 02/13/19 2 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. AS REQUIRED BY WRITTEN CONTRACT. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:Policy Expiration Date: TRAN1475 City Attorney Approved Version 8/3/16 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 16 FOXES LANDING LIFT STATION REPLACEMENT PROJECT NO. 5526 This sixteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 26, 2018, (“proposal”), attached as Appendix "A" for the Foxes Landing Lift Station Replacement, (the “Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty (180) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $179,900. DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 September 12, 2018 TRAN1475 City Attorney Approved Version 8/3/16 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 TRAN1475 City Attorney Approved Version 8/3/16 3 TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON FOXES LANDING LIFT STATION REPLACEMENT – ADDITIONAL FUNDS PROJECT NO. 5526 TASK GROUP TIME & MATERIALS Construction Management/Inspection (1,285 hours @ $140/hour) $179,900 TOTAL (Not-to-Exceed) $179,900 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Scott Adamson / Construction Services Mgr. Vicki Shaw / Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ For Scott Chadwick / City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 September 12, 2018 July 26th Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Reference: Budget Increase Request Construction Management & Inspection, “Foxes Landing Lift Station” Contract No. 5526 Dear Mr. Fisher; In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this request for an increase in our original budget for inspection services for the City of Carlsbad on the Foxes Landing Lift Station. The proposed scope of work proposed is includes the following: SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives. Task 1 – Construction Phase Services Task 1.1 – Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 – Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop Appendix "A" DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 Mr. Scott Fisher City of Carlsbad July 26th, 2018 Page 2 of 4 drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFIs of a general nature. Technical RFIs will be submitted to the project design engineer for response. Maintain a log of RFIs and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City’s project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor’s required Appendix "A" DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 Mr. Scott Fisher City of Carlsbad July 26th, 2018 Page 3 of 4 inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 – Construction Inspection Services A.Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor’s work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B.Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 – Post-Construction Services Task 2.1 – Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor’s project record drawings are complete and accurate. Task 2.2 – Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings Appendix "A" DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 Mr. Scott Fisher City of Carlsbad July 26th, 2018 Page 4 of 4 FEE: Though we have provided the requested services within the originally estimated monthly hours, an extended construction schedule has exhausted IEC’s project budget. In addition, in order to continue providing services beyond the original contract completion date, IEC has utilized budget originally intended for RCS, Inc. for electrical and commissioning services. Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required. These include full-time, on-site inspection services as well as continued construction management services through January 2019. IEC is requesting a budget increase of $ 179,900.00 (One Hundred and Seventy-nine Thousand, Nine Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 1285 hrs @ $140.00/HR $ 179,900.00 Total $ 179,900.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management Appendix "A" DocuSign Envelope ID: C7DB9FD7-09E9-48FB-8987-AFF00573A5F1 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/16/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 INFRENG-01 Hartford Ins Co of the Midwest 37478InfrastructureEngineeringCorporation14271DanielsonStreetPoway,CA 92064 XL Specialty Company 37885 1189840862 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X Separation of In 1,000,000 2,000,000 Y 6807H08841A 2/13/2018 2/13/2019 2,000,000 Deductible 0 A 1,000,000 X XX BA0643M522 2/13/2018 2/13/2019 A X X 2,000,000 0 CUP3637T08A X 2,000,000 2/13/2018 2/13/2019 B Y 72WEGRT6756 2/13/2018 2/13/2019 X 1,000,000 1,000,000 1,000,000 C ProfessionalLiability DPR9921869 2/13/2018 2/13/2019 Each ClaimAggregate $2,000,000$2,000,000 RE:Agreement Number :TRAN1490,Agreement Name :Tri-Agencies Wtr Transmission Pipelines R2-Ph1.Additional Insured coverage applies to GeneralLiabilityforCityofCarlsbad/CMWD per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claimsmadeform,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremiumCavignac&Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYorkNY10163-4668 COMMERCIAL GENERAL LIABILITY CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury","property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omis- sions of such person or organization; or d.For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis toany person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f.This insurance does not apply to the render- ing of or failure to render any "professional services". g.In the event that the Limits of Insurance of theCoverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ-ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that “written contract requiring insurance”. This endorsement does not increase the lim- its of insurance described in Section III - Lim-its Of Insurance. h.This insurance does not apply to "bodily inju-ry" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifi-cally requires you to provide such coverage for that additional insured, and then the insur-ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re-quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is Policy #6807H08841A Policy #6807H08841A COMMERCIAL GENERAL LIABILITY Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3.The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4.The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a.After you have signed that written contract; b.While that part of the written contract is in ef- fect; and c.Before the end of the policy period. 72 WEG RT6756 02/13/18 INFRASTRUCTURE ENG.CORP. 14271 DANIELSON ST POWAY,CA 92064 Policy Number:Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 12/28/17 02/13/19 2 ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. AS REQUIRED BY WRITTEN CONTRACT. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:Policy Expiration Date: TRAN1475 City Attorney Approved Version 7/19/17 1 RATIFICATION PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 15 PRIVATE DEVELOPMENT INSPECTION – ADDITIONAL FUNDS This fifteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Private Development Construction Inspection in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 23, 2018, (“proposal”), attached as Appendix "A" for the Private Development Inspection Services, (the “Project"). The Project services shall include construction management and administration services (See Proposal). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $33,600. DocuSign Envelope ID: 82812C06-2525-46DD-ADDE-2763AA7C152F July 2, 2018 TRAN1475 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 82812C06-2525-46DD-ADDE-2763AA7C152F TRAN1475 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT INSPECTION OF PRIVATE DEVELOPMENT CONSTRUCTION TASK GROUP TIME & MATERIALS Project Inspection- Sr. Construction Inspector 240 hrs. @ $140.00 /hr. $33,600 TOTAL (Not-to-Exceed) $33,600 CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Elaine Lukey, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney Scott Adamson / Construction Services Mgr.Vicki Shaw / Secretary DocuSign Envelope ID: 82812C06-2525-46DD-ADDE-2763AA7C152F 7/2/2018 June 20th, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Reference: Proposal to Perform Private Development Inspection Services Fiscal Year 2017/2018 – Budget Increase Request Dear Mr. Fisher: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for an increase in our original budget for inspection services for the City of Carlsbad on the Private Development Improvement Inspection Services project. IEC would like to propose Mr. Mike Tisdale as the general site inspector/resident engineer. SCOPE OF SERVICES: Presented below is IEC’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives and ensure a complete and well-coordinated construction management and inspection program. Task 1 – Construction Phase Services Task 1.1 – Construction Management Services • Managing required permit compliance associated with private development projects. • Managing right-of-way, traffic control, haul route, and other permits required to be obtained by the developer as part of the private development project. Task 1.2 – Construction Administration Services • Monitoring expirations of grading permits. • Monitoring expiration of subdivision improvement agreements and development improvement agreements. • Preparing permit extension letters for grading permits and improvement agreements. • Preparation of security reduction and release paperwork. Task 1.3 – Construction Inspection Services • Verify improvements are constructed per approved plans and supporting technical documents. • Verify improvements are constructed per the City of Carlsbad’s Inspection Manual. APPENDIX A TRAN1475 4 DocuSign Envelope ID: 82812C06-2525-46DD-ADDE-2763AA7C152F • Inspection, and preparation of daily inspection reports, for infrastructure including, but not limited to: sanitary sewer mains, laterals and appurtenances; potable water mains, laterals and appurtenances; storm drain conveyance systems; recycled water systems; grading and earthwork operations; asphalt and concrete paving; curbs and gutters; roadway lighting; and roadway signage improvements. • Inspection and report preparation in compliance with all NPDES permit requirements. CESSWI and QSP certifications are highly desirable. FEE: IEC understands that this will be an on-going, as-needed assignment. Mr. Tisdale will be providing the proposed scope on various projects as assigned by City management staff in an “extension of staff” style role. Mr. Tisdale’s time will be billed appropriately as the work is completed. As an initial budget IEC has included hours for an approximate additional six week duration of full- time regular shifts. IEC requests a total not to exceed a fee of $ 33,600.00 (Thirty-three Thousand, Six Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Task 1.1 – 1.3 Mr. Mike Tisdale, Sr. Construction Inspector 240 hrs @ $140.00/hr $ 33,600.00 Total $ 33,600.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Vice-President of Construction Management APPENDIX A TRAN1475 5 DocuSign Envelope ID: 82812C06-2525-46DD-ADDE-2763AA7C152F TRAN1475 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 FOXES LANDING LIFT STATION REPLACEMENT-Additional Funds PROJECT NO. 5526 This twelfth Pro~ct Task Description and Fee Allotment, is entered into on ~d\ l~. ol:S I pursuant to an Agreement between lnfrstructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Jan. 17, 2018, ("proposal"), attached as Appendix "A" for the Foxes Landing Lift Station Replacement, (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred forty (140) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $129,922. City Attorney Approved Version 8/3/16 TRAN1475 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TRAN1475 TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON FOXES LANDING LIFT STATION REPLACEMENT -Additional Funds PROJECT NO. 5526 TASK GROUP TIME & MATERIALS Construction Manaaement/lnsoection (714 hours@ $140/hour) $ 96,960 Electrical and SCADA Inspection (211 hours@ $142/hour) $ 29,960 TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: 5e, JL/U--- (sign here) Scott Adamson / Construction Services Mgr. (print name/title) $129,922 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __.__~~_____,.;;...__-=--::..y...-_ Deputy City Attorney Date: _tJ_/_J ~~/1_;; ___ _ City Attorney Approved Version 8/3/16 3 ACTION BY UNANTh10US WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constitufa1g all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section I: The Presidentrfreasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and I Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the foJlowing amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 GeorgeElaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the execution, acknowledgement, and filing of any documents, ~ itings, or book entries that may b~ to carry out these resolutions. 'Rob~ ... / ~-::;;;/.,,___-7"---:r----'\. ..... Preston Lewis 2 APPENDIX A Infrastructure ENGINEERING CORPORATION January 17, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Reference: Request for Budget Increase, Construction Management and lnsp. Foxes Landing Lift Station Replacement, Contract 5526 Dear Mr. Fisher: This letter is being provided as a request for an increase in our approved budget for construction management and inspection services on the City of Carlsbad's Foxes Landing Lift Station Replacement. In August of 2016 we were requested by the City of Carlsbad to provide an estimate to provide construction management and inspection services on the subject project. IEC began providing services in December of 2017 and currently continues to provide these services. IEC developed our estimated fee based on documents and information provided to us by the City. These included project bid specifications and plan set, as well as the contractor's 220 working day construction schedule. Due to a number of unforeseen issues including Encina Waist Water District's daily limit for total dissolved solids, the dewatering portion of this project was delayed, causing a delay to all critical path activities. Unfortunately, even though critical path work was delayed, IEC continued to spend significant time and resources attempting to coordinate and resolve the underlying problems. It is now estimated that the overall project schedule will extend 140 working days beyond the originally specified 220 working day schedule. Though we have provided the requested services within the originally estimated monthly hours, IEC's project budget was exhausted as of the end of December. In addition, in order to continue providing services beyond the original contract completion date, IEC has utilized budget originally intended for RCS, Inc. for electrical and commissioning services. 14271 Danielson Street, Poway, California 92064 T 858.413.2400 F 858.413.2440 Mr. Scott Fisher Foxes Landing Lift Station Upgrades Budget Increase Request APPENDIX A January 17th, 2018 Understanding that the City would like IEC to continue to assist with inspection and management for the remainder of the project we have prepared an estimate of additional hours we think will be needed to provide the level of service required. These include full-time, on-site inspection services as well as continued construction management services through April 2018. IEC needs to request the City of Carlsbad approve an additional $ 129,922.00 (One Hundred, Twenty-nine Thousand, Nine Hundred and Twenty-two Dollars) to our original budget to account for the remaining schedule. The estimated hours and associated personnel included in this request are presented below: • Construction Manager, Rob Fitzgerald Resident Engineering/Site Inspection 714 hrs@ $140.00/HR $ 96,960.00 • Electrical and SCADA Inspection Mr. Jim Hudson, 211 hrs@ $142.00/HR $ 29,960.00 Electrical/SCADA Inspector Total $129,922.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, P.E. Construction Services Manager ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ~2~l~cT Certificate Department Cavignac & Associates ;A~~N,t CvH· 619-744-0574 I FAX 450 B Street, Suite 1800 IAJC Nol: 619-234-8601 San Diego CA 92101 ~il~hs, certificates@cavionac.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Travelers Property & Casualty Company of America 25674 INSURED INFRENG-01 INSURER B: Hartford Ins Co of the Midwest 37478 Infrastructure Engineering Corporation INSURER c : XL Specialty Company 37885 14271 Danielson Street Poway, CA 92064 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1189840862 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IMC:n wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY y 6807H08841A 2/13/2018 2/13/2019 EACH OCCURRENCE $1,000,000 ~ ~ CLAIMS-MADE [8J OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $1,000,000 X Contractual Uab MED EXP (Any one person) $10,000 X Separation of In PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 l DPRO-DLOC PRODUCTS -COMP/OP AGG POLICY JECT $2,000,000 OTHER: Deductible $0 A AUTOMOBILE LIABILITY BA0643M522 2/13/2018 2/13/2019 COMBINED SINGLE LIMIT /Ea accident\ $1000000 -X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ -- $ A X UMBRELLA LIAB M OCCUR CUP3637T08A 2/13/2018 2/13/2019 EACH OCCURRENCE $2,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 / OED I X I RETENTION$ n $ B WORKERS COMPENSATION y 72WEGRT6756 2/13/2018 2/13/2019 X I ~~ITUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional liability DPR9921869 2/13/2018 2/13/2019 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number: TRAN1490, Agreement Name: Tri-Agencies wtr Transmission Pipelines R2-Ph1. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy #6807H08841A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CGD3810915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy #6807H08841A COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEG RT6756 Endorsement Number: Effective Date: 02/13/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: INFRASTRUCTURE ENG. CORP. 14271 DANIELSON ST POWAY, CA 92064 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Job Description AS REQUIRED BY WRITTEN CONTRACT. Countersigned by -----------:----,-----,--~----.- Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/28/17 Policy Expiration Date: 02/13/19 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 14 PROJECT NO. 6602 and 6001 TRAN1475 This fourteenth Project Task Description and Fee Allotment, is entered into on Kl rCh 5 ,; 20 )8 , pursuant to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. 3. Contractor shall provide Construction Management and Inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 22, 2018, ("proposal"), attached as Appendix "A" for the La Coruna Storm Drain Installation, (the "Project"). The Project services shall include Construction Management and Inspection. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within forty (40) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $33,600. City Attorney Approved Version 7/19/17 4. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1475 PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 TRAN1475 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION TASK GROUP TIME & MATERIALS 1. Pre-Construction Services 5,600 2. Construction Inspection 22,400 3. Project Close Out Activities 5,600 TOTAL (Not-to-Exceed) $33,600 CONTRACTOR INFRASTRUCTURE ENGINEERING INFRASTRUCTURE ENGINEERING CORPORATION, CORPORATION, a California corporation a California corporation By: e of Contractor) la 'f'i (name of Contractor) By:v1~.& (sign here) (sign here) ~~ oL'Jert .s. We.be..:-, -P6 (print name/title) Vt._~ ~ ~"'-,) ~~-rt:> (print r-fcime/title) "' If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: _?_·J_'_I /3_· ____ _ arks Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Deputy City Attorney City Attorney Approved Version 7/19/17 3 January 22, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 APPENDIX A Reference: Proposal to Perform Inspection Services for "La Coruna Place Storm Drain Installation", Contract No. 6602 AND 6001, PWS18-07TRAN Dear Mr. Fisher: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for inspection services for the City of Carlsbad on the La Coruna Place Storm Drain Installation project. IEC would like to propose Mr. Lucas Findlay, P.E. as the general site inspector/resident engineer. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1 -Construction Phase Services Task 1.1-Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. 14271 Doniebon S•ree•. Poway, Colilornio 92064 T 858 413.2400 f 858 413.2440 www iecorporolion com TRAN1475 Mr. Scott Fisher City of Carlsbad January 22, 2018 Page 2 of 4 B. Project Coordination APPENDIX A Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RF/ Processing) Review and respond to contractor RFls of a general nature. Technical RFls will be submitted to the project design engineer for response. Maintain a log of RFls and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment Mr. Scott Fisher City of Carlsbad January 22, 2018 Page 3 of 4 APPENDIX A review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports ofthe construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. 8. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2 -Post-Construction Services Task 2.1-Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. Task 2.2 -Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of red lined as-built drawings Mr. Scott Fisher City of Carlsbad January 22, 2018 Page 4 of 4 APPENDIX A IEC is pleased to present this estimated fee. Based on conversations with City management and review of the project specifications we have assumed inspection for a forty (40) working day construction schedule. We've assumed that inspection and management of this project can be completed on a half-time basis. We have also included time for pre-construction services and project close-out activities. Should IEC be requested to provide additional services, such as extended shifts or weekends, or should the construction schedule be extended, IEC will need to request additional budget. IEC requests a total not to exceed a fee of$ 33,600.00 (Thirty-Three Thousand, Six Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Pre-Construction Services Mr. Lucas Findlay, 40 hrs @ $140.00 $ 5,600.00 Assistant CM/Engineer II • Construction Inspection Mr. Lucas Findlay, 160 hrs@ $140.00 $ 22,400.00 Assistant CM/ Engineer II • Project Close-out Activities Mr. Lucas Findlay, 40 hrs @ $140.00 $ 5,600.00 Assistant CM/Engineer II Total $ 33,600.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Construction Services Manager ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/16/2018 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ~2~1~CT Certificate Department Cavignac & Associates ;t,gN,_t i:vt,, 619-744-0574 I FAX 450 8 Street, Suite 1800 fA/C Nol: 619-234-8601 San Diego CA 92101 i~lJ~ss: certificates@cavicinac.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A : Travelers ProDertv & Casualty ComDanv of America 25674 INSURED INFRENG-01 INSURER B : Hartford Ins Co of the Midwest 37478 Infrastructure Engineering Corporation INSURER C : XL Specialty Company 37885 14271 Danielson Street Poway, CA 92064 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1189840862 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF l~~)-J%~1 LTR •••~n "n,n POLICY NUMBER IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y 6807H08841 A 2/13/2018 2/13/2019 EACH OCCURRENCE $1,000,000 f-0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES fEa occurrence\ $1,000,000 X Contractual Liab MED EXP (Any one person) $10,000 X Separation of In PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl DPRO-DLoc POLICY JECT PRODUCTS -COMP/OP AGG $2,000,000 OTHER: Deductible $0 A AUTOMOBILE LIABILITY BA0643M522 2/13/2018 2/13/2019 COMBINED SINGLE LIMIT $1000000 -(Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -f-NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS f Per accident\ $ -$ A X UMBRELLA LIAB M OCCUR CUP3637T08A 2/13/2018 2/13/2019 EACH OCCURRENCE $2,000,000 f- EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 OED I X I RETENTION$ n $ B WORKERS COMPENSATION y 72WEGRT6756 2/13/2018 2/13/2019 XI ~-\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability DPR9921869 2/13/2018 2/13/2019 Each Claim $2,000,000 Aggregate $2,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number: TRAN1490, Agreement Name: Tri-Agencies wtr Transmission Pipelines R2-Ph1. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy #6807H08841A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS} This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CG D3 810915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy #6807H08841A COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA Policy Number: 7 2 WEG RT6 7 s 6 Endorsement Number: Effective Date: o 2 / 13 / 18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: INFRASTRUCTURE ENG. CORP. 14271 DANIELSON ST POWAY, CA 92064 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/28/17 Job Description AS REQUIRED BY WRITTEN CONTRACT. -------------,---=-------Authorized Representative Policy Expiration Date: 02/13/19 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.13 PRIVATE DEVELOPMENT INSPECTION TRAN1475 This th" eenth Project Task __ Description and Fee Allotment, is entered into on -' · ,, , pursuant to an Agreement between lnfrastru ture Engineer ng Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Private Development Construction Inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 23, 2018, ("proposal"), attached as Appendix "A" for the Private Development Inspection Services, (the "Project"). The Project services shall include (See Proposal). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $89,600. City Attorney Approved Version 7/19/17 4. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1475 PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 TRAN1475 TABLE 1 FEE ALLOTMENT INSPECTION OF PRIVATE DEVELOPMENT CONSTRUCTION TASK GROUP TIME & MATERIALS Project Inspection-Sr. Construction Inspector 640 hrs. @ $140.00 /hr. $89,600 TOTAL (Not-to-Exceed) $89,600 CONTRACTOR INFRASTRUCTURE ENGINEERING INFRASTRUCTURE ENGINEERING CORPORATION, CORPORATION, a California corporation a California corporation By: /4;~,M1, ~(sign heie)~ (name of Contractor) By:Y~~ (sign here) 7 (print name/title) 7 vc<-L s~. s·~I~ .. (print na'me/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. 'J.-dlLI,:)..l,Lt a municipal corporation of the State of California By: ~Ke ~ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ Deputy City Attorney Date: 31 I I I~ City Attorney Approved Version 7/19/17 3 January 23, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Appendix A Reference: Proposal to Perform Private Development Inspection Services Fiscal Year 2017 /2018 Dear Mr. Fisher: TRAN1475 In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for inspection services for the City of Carlsbad on the Private Development Improvement Inspection Services project. IEC would like to propose Mr. Mike Tisdale as the general site inspector/resident engineer SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management and inspection program. Task 1 -Construction Phase Services Task 1.1-Construction Management Services • Managing required permit compliance associated with private development projects. • Managing right-of-way, traffic control, haul route, and other permits required to be obtained by the developer as part of the private development project. Task 1.2 -Construction Administration Services • Monitoring expirations of grading permits. • Monitoring expiration of subdivision improvement agreements and development improvement agreements. • Preparing permit extension letters for grading permits and improvement agreements. • Preparation of security reduction and release paperwork. Task 1.3 -Construction Inspection Services • Verify improvements are constructed per approved plans and supporting technical documents. • Verify improvements are constructed per the City of Carlsbad's Inspection Manual. 14271 Danielson $Hee!, Poway, California 92064 1 858 413.2400 F 8.58 413.2440 www iecorporotion com Mr. Scott Fisher City of Carlsbad January 23rd, 2018 Page 2 of 2 TRAN1475 • Inspection, and preparation of daily inspection reports, for infrastructure including, but not limited to: sanitary sewer mains, laterals and appurtenances; potable water mains, laterals and appurtenances; storm drain conveyance systems; recycled water systems; grading and earthwork operations; asphalt and concrete paving; curbs and gutters; roadway lighting; and roadway signage improvements. • Inspection and report preparation in compliance with all NPDES permit requirements. CESSWI and QSP certifications are highly desirable. IEC understands that this will be an on-going, as-needed assignment to begin on January 29th, 2018. Mr. Tisdale will be providing the proposed scope on various projects as assigned by City management staff in an "extension of staff" style role. Mr. Tisdale's time will be billed appropriately as the work is completed. As an initial budget IEC has included hours for an approximately four-month duration of full-time regular shifts. IEC requests a total not to exceed a fee of$ 89,600.00 (Eighty-Nine Thousand, Six Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Task 1.1-1.3 Total Mr. Mike Tisdale, Sr. Construction Inspector 640 hrs @ $140.00/hr $ 89,600.00 $ 89,600.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Construction Services Manager ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/16/2018 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ~2~1~cT Certificate Department Cavignac & Associates ~.~~NJn c ... ,. 619-744-0574 I FAX 450 B Street, Suite 1800 fAJC Nol: 619-234-8601 San Diego CA 92101 ~il~~ss: certificates@cavianac.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property & Casualty Company of America 25674 INSURED INFRENG-01 INSURER B: Hartford Ins Co of the Midwest 37478 Infrastructure Engineering Corporation INSURER C: XL Specialty Company 37885 14271 Danielson Street Poway, CA 92064 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1189840862 REVISION NUMBER: THIS lS 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 lS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE 1•1<::n W\tn POLICY NUMBER (MM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y 6807H08841 A 2/13/2018 2/13/2019 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES fEa occurrence\ $1,000,000 X Contractual Liab MED EXP (Any one person) $10,000 f------- X Separation of In PERSONAL & ADV INJURY $1,000,000 f------- GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 q DPRO-DLOC PRODUCTS -COMP/OP AGG POLICY JECT $2,000,000 OTHER: Deductible $0 A AUTOMOBILE LIABILITY BA0643M522 2/13/2018 2/13/2019 COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS <Per accident\ $ ~ $ A X UMBRELLA LIAB Fl OCCUR CUP3637T08A 2/13/2018 2/13/2019 EACH OCCURRENCE $2,000,000 f------- EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 ./ OED I X I RETENTION$ n $ B WORKERS COMPENSATION y 72WEGRT6756 2/13/2018 2/13/2019 X I ~ffTUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, desclibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability DPR9921869 2/13/2018 2/13/2019 Each Claim $2,000,000 Aggregate $2,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number: TRAN1490, Agreement Name: Tri-Agencies Wtr Transmission Pipelines R2-Ph1. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD j Policy #6807H08841A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy #6807H08841A COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CGD3810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 7 2 WEG RT6 7 5 6 Endorsement Number: Effective Date: o 2 I 13 / 18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: INFRASTRUCTURE ENG. CORP. 14271 DANIELSON ST POWAY, CA 92064 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 12/28/17 Job Description AS REQUIRED BY WRITTEN CONTRACT. --------------------Authorized Representative Policy Expiration Date: 02/13/19 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 6001-16(OL), PAVEMENT OVERLAY PROJECT TRAN1475 This g":}::_hi yroject Task Description and Fee Allotment, is entered into on rv~ I CJ, :JOI r , pursuant to an Agreement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services shall include construction management, contract administration, and inspection of all public improvements being constructed as part of the Pavement Overlay Project, Project No. 6001-16(OL). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within two (2) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Additional task groups, not shown in Table 1 will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $7,000. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the City Attorney Approved Version 8/3/16 TRAN1475 execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON PROJECT NO. 6001-16(OL), PAVEMENT OVERLAY PROJECT TASK GROUP Resident Enqineerinq/Construction Inspection TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) /1 (,~ I >i: By: d?.£R If~ (sign here) Scott Adamson / Construction Services Mgr. (print name/title) Rate TIME & MATERIALS $140/HR $7,000 $7,000 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: zb4[((/(W- l (sign here) l-004 Ts. Mtu~ ;?wr,·dMr (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California !1;11::J By: ~yjublic Works Director /(!'/7' 17 Date: __________ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~ eputyatyAtlorney City Attorney Approved Version 8/3/16 2 ACTION BY UNANIMOUS WRJTTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective August 1. 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate Robert Weber, Presidentfl'reasurer, Scott Humphrey, Vice President, Preston Lewis, Past President/Director and Amy Czajkowski, Director to have sole signing authority on matters up to $1 million, requiring a second signature above that amount: and For any contract having a value greater than $1 million, the signature of either Robert Weber, President/Treasurer, Scott Humphrey, Vice President, Preston Lewis, Past President, Amy Czajkowski, Director and the signature of any one of the Secretary, Vicki Shaw or one of the designated employees listed below; and NOW, TIIBREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation the following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer/Employee Title Limit Officer/Employee Title Limit Vicki Shaw Secretary $300,000 Charley McKinley Sr. Project $300,000 Manager Anders Egense Sr. Project $300,000 George Elaro Flow Services $300,000 Manager Group Manager Scott Adamson Construction $300,000 Abraham Philip Sr. Project $300,000 Manager Manager Group Manager Scott Humphrey Sr. Project $300,000 Richard Kennedy Sr. Project $300,000 Manager Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the exec · on, acknowledgem.ent, .and filing of any documents, certificates, writings, or book entrieslt . ay be required J_ ' carr~pse resolutions. I ~Y«Vt(-tWC/ AwtrOI/~~-----': ----.1-l.?~ S,-Webet,~ Z Scott Humphre)-~, Amy 1zajkow_s_ki __ _ ,,,./~ /.,.,,,~~~-.,.-"/ ~4 { J"·----~-, r:esto~~wis----:--:;:> ~-=""-· Anders Eg ~~-~-~- Page 373 TRAN1475 AMENDMENT NO. 1 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (INFRASTRUCTURE ENGINEERING CORPORATION) ~ Amendment No. 1 is entered into and effective as of the I ;tv\ day of ~~ , 20J.]_, extending and amending the agreement dated September 29,2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Infrastructure Engineering Corporation, a California corporation, ("Contractor") (collectively, the "Parties") for construction management and inspeciton. RECITALS A. The Parties desire to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties desire to extend and fund the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed five hundred thousand dollars ($500,000). 2. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2018 , on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 3. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. Contractor will complete all work described in Exhibit "A" by September 29, 2018. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual City Attorney Approved Version 1 /30/13 TRAN1475 authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation By: ~Mb--r= 7 (sign here) ~4/ ffe4, )tMJ/d¼V-- (print ham~/title) By: f. '-/0~ I (sign here) y, ~ s t-..J, ~ <!.<.,y~ (prirlt name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: 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 BY:(/o~ 'Deputy City Attorney City Attorney Approved Version 1 /30/13 2 TRAN1475 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. crrv OF CARLSBAD RFQ No. 16~10 AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT ANO INSPECTION SERVICES HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Constryq:ion .Manuement and lnspectioJLServlces Construction Inspector .......... ,. ............... ., .. $ 128 Senior Construction Inspector .................... $ 140 Resident Engineer ...................................... $ 145 Construction Manager .............................. ,,$ 160 Construction CM Coordinator .................... $ 115 Principal Engineer ............. ., ........................ $ 205 Asst CM Coordinator .................................. $ 95 City Attorney Approved Version 1/30/13 3 Page 348 ACTION BY UNANIMOUS WRJTTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective August 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate Robert Weber, President/Treasurer, Scott Hwnphrey, Vice President, Preston Lewis, Past President/Director and Amy Czajkowski, Director to have sole signing authority on matters up to $1 million, requiring a second signature above that amount: and For any contract having a value greater than $1 million, the signature of either Robert Weber, President/Treasurer, Scott Humphrey, Vice President, Preston Lewis, Past President, Amy Czajkowski, Director and the signature ofany one of the Secretary, Vicki Shaw or one of the designated employees listed below; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation the following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer/Employee Title Limit Officer/Employee Title Limit Vicki Shaw Secretary $300,000 Charley McKinley Sr. Project $300,000 Manager Anders Egense Sr. Project $300,000 George Elaro Flow Services $300,000 Manager Group Manager Scott Adamson Construction $300,000 Abraham Philip Sr. Project $300,000 Manager Manager Group Manager Scott Humphrey Sr. Project $300,000 Richard Kennedy Sr. Project $300,000 Manager Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to ta1ce any other actions necessary to carry out the purpose and intent of these resolutions, including the exec/tion, acknowledgement, and filing of any documents, certificates, writings, or book entries rt ay be required J ;9 c tthpse reJolutions. / 1 E_f!_b1« {,t,~:e/fj117& ~ w1,rQ(~~ ___ l: _ .. ----- Ro}¢£~~v-ebef~ Scott Humphrey-~, Amy C,zajkowski ,/_/-.. ,,/,,,,.-"----:;L--/_,,/' ~ .. ~ ( .,·=·------~-/ / _.,-::_·_;&_~~. /~, ()..6Kci_cr:-J-~--- 11resto~.e-wi~--/~:/ .. -·--. Anders Eghi\e \J Page 349 COMMERCIAL AUTO Policy No. BA0643Ms22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by ihis endorsement, the provisions of the Coverage Form appiy uniess modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. 8!..ANKET ADD!T!ONA!.. INSURED The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. ~~CT~CE A~JD KNC'l.'Ll=OGE CF ACC~DENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury'' or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 -LI- ABILITY COVERAGE: An "employee" of yours is an ·insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CAT3 53 06 09 © 2009 The Travelers Companies, Inc. Page 1 of4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. PageSo J Policy #6807H08841A / COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance''. This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis. that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CGD3810915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 lndudes the copyrighted material of Insurance Services Office, Inc .. with its permission Policy #6807H08841A COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract: b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PRIVATE DEVELOPMENT INSPECTION SERVICES TRAN1475 This 1hth Project Task Desc.J'tion and Fee Allotment, is entered into on ...: b·~ o '7 ,:)2. Qjl , pursuant to an Agreement between lnfrastructurengineeringl Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"}, the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services shall include construction management, contract administration, and inspection of improvements being constructed as part of the various private development projects throughout the city. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10} working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred forty (140} working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A" shows the parties' intent as to the elements, scope, and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A" Additional task groups, not shown in Table 1 or Appendix "A" will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix "A", then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $60,000. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1 ,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the City Attorney Approved Version 8/3/16 TRAN1475 execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT FOR PRIVATE DEVELOPMENT INSPECTION SERVICES TASK GROUP Senior Construction Inspector TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: ~Go f'M . ..-.~.o------ (sign here) Scott Adamson I Construction Services Mgr. (print name/title) Rate TIME & MATERIALS $140/HR $60,000 $60,000 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: -~~~-----...,.----t.~-- Wv\n Crawford I City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ------L.~.....:.......=!=-=~~ Deputy City Attorney Date: __ 6-1-j_t-1--j_l~l __ _ I J City Attorney Approved Version 8/3/16 2 ACTION BY UNANIMOUS WRJTTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective August 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate Robert Weber, Prcsidentrrreasurer, Scott Humphrey, Vice President, Preston Lewis, Past President/Director and Amy Czajkowski, Director to have sole signing authority on matters up to $1 million, requiring a second signature above that amount: and For any contract having a value greater than $1 million, the signature of either Robert Weber, President/Treasurer, Scott Humphrey, Vice President, Preston Lewis, Past President, Amy Czajkowski, Director and the signature ofany one of the Secretary, Vicki Shaw or one of the designated employees listed below; and NOW, TIIEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation the following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer/Employee Title Limit ()fficer/Enmployee Title Limit Vicki Shaw Secretary $300,000 Charley McKinley Sr. Project $300,000 Manager Anders Egensc Sr. Project $300,000 George Elaro Flow Services $300,000 Manager Group Manager Scott Adamson Construction $300,000 Abraham Philip Sr. Project $300,000 Manager Manager Group Manager Scott Humphrey Sr. Project $300,000 Richard Kennedy Sr. Project $300,000 Manager Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the exec 'on, aclcnowledgement, and filing of any documents, certifi-s, writings, or book entries~ ay be required ~i;;;c;w;;; ~(}/~ --u- ~~ );~ Amy gkowm ~ _?"::.< AndersEg • uu- SCOPE OF WORK: Appendix "A" Infrastructure Engineering Corp, Task 8 Private Development Inspection Services Contractor shall provide Senior Construction Inspector to perform construction management, contract administration and inspection services for private development projects as-needed. Construction Management Services shall include: • Managing required permit compliance associated with private development projects. • Managing right-of-way, traffic control, haul route, and other permits required to be obtained by the developer as part of the private development project. Contract Administration Services shall include: • monitoring expirations of grading permits. • monitoring expiration of subdivision improvement agreements and development improvement agreements. • preparing permit extension letters for grading permits and improvement agreements. • Preparation of security reduction and release paperwork. Inspection Services shall include: • Verify improvements are constructed per approved plans and supporting technical documents. • Verify improvements are constructed per the City of Carlsbad's Inspection Manual. • Inspection, and preparation of daily inspection reports, for infrastructure including, but not limited to: sanitary sewer mains, laterals and appurtenances; potable water mains, laterals and appurtenances; storm drain conveyance systems; recycled water systems; grading and earthwork operations; asphalt and concrete paving; curbs and gutters; roadway lighting; and roadway signage improvements. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6001-16(0L), PAVEMENT OVERLAY PROJECT TRAN1475 This seventh Project Task Description and Fee Allotment, is entered into on Ha~ I c.e1 Z.0 I 7 , pursuant to an Agreement between Infrastructure ngineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services shall include construction management, contract administration, and inspection of all public improvements being constructed as part of the Pavement Overlay Project, Project No. 6001-16(0L). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within ninety (90) working days thereafter. Working days are defined in section 6-7.2 ''Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Additional task groups, not shown in Table 1 will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $11,200. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the City Attorney Approved Version 8/3/16 TRAN1475 execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON PROJECT NO. 6001-16(0L), PAVEMENT OVERLAY PROJECT TASK GROUP Resident Engineering/Construction Inspection TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: 5c:.-tJ / ~ ~s.-....-.- (sign here) Scott Adamson I Construction Services Mgr. (print name/title) Rate TIME & MATERIALS $140/HR $11,200 $11,200 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~b Elaine Lukey f¢Ublic Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ----¥c/~~~'-----=------Deputy City Attorney 5=-1& I 17 Date:----------- City Attorney Approved Version 8/3/16 2 TRAN1475 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 6608; NW QUADRANT STORM DRAIN PROGRAM -MONROE This Ratifi~ation of the fifth Project Task Description and Fee Allotment, is entered into on -<1 · , but effective as of November 10, 2016, pursuant to an A reement between Infrastructure Engineering Corporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 3, 2016, ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Program -Monroe, (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $28,840. City Attorney Approved Version 8/3/16 TRAN1475 4. PREVAILING WAGE RATES /II /II /II Ill /II /II /II /II /II /II /II /II Ill /II Ill /II /II Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TRAN1475 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROJECT NO. 6008, NW QUADRANT STORM DRAIN PROGRAM -MONROE TASK GROUP Pre-Construction (30 hours) Construction Inspection TOTAL (Not-to-Exceed)_ CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: C II // /' ~c.~:------- (sign here) Scott Adamson I Construction Services Mgr. (print name/title) TIME & MATERIALS $4,200 $24,640 $28,840 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: <--.J t) L 1 (sign here) y,:.....; ~t;;;;;&> Su.-~ If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __.r:::::o~=~=-:........:._=--=.::c_ I..J---- Deputy City Attorney Date: _;_',_")_7_•_1_7 ____ _ City Attorney Approved Version 8/3/16 3 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constitutl...ng all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 3 07 (b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desrres to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section l; The President/Treasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 George Elaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: 1bis resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions. including the execution, acknowledgement, and filing of any documents, ~~writing;;, or book entries that may be;; to carry out these resolutioru. 'Rob~1 //;:;;~ 2 January 25, 2017 Mr. John Maashoff City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Appendix 11 A11 Reference: Proposal to Perform Inspection Services for "Northwest Quadrant Storm Drain Program (Monroer'1 Contract No. 6608, PWS16-116TRAN Dear Mr. Maashoff: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for Inspection services for the City of Carlsbad on the Northwest Quadrant Storm Drain Program (Monroe) project. IEC would like to propose Mr. Josh Fretwell, Senior Construction Inspector as the general site inspector/resident engineer. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1 -Construction Phase Services Task 1.1 -Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, 14271 Donlelton Sttee1, f'owoy, Collfornlo 92064 T 858.413.2400 f 858.413.2440 www.iecorporotlon.com Mr. John Maashoff City of Carlsbad January 25, 2017 Page 2 of 4 clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation {RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. Mr. John Maashoff City of Carlsbad January 25, 2017 Page 3 of 4 F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation ofthe monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports ofthe construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation FEE: Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. IEC is pleased to present this summary of our fees charged to the subject project. At the request of City management staff and in accordance with our original proposal date October 13th, 2016 our inspector Mr. Josh Fretwell provided Resident Engineering and Inspection service in accordance with the scope presented above. These services were provided between October 13th, 2016 and December 30th, 2016. Mr. John Maashoff City of Carlsbad January 25, 2017 Page 4 of 4 IEC's total fee for seNices provided comes to $28,840.00 (Twenty-Eight Thousand, Eight Hundred, Forty Dollars). This represents the total billings that will be invoiced to the project. A summary of the total hours spent in presented below. • Pre-Construction Services Mr. Josh Fretwell, 30 hrs@ $140.00 $ 4,200.00 Sen. Construction Inspector • Construction Inspection Mr. Josh Fretwell, 176 hrs@ $140.00 $ 24,640.00 Sen. Construction Inspector Total $ 28,840.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Construction SeNices Manager PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 6001-160L, 2016 PAVEMENT OVERLAY TRAN1475 This fourth Project Task Descri tion and Fee Allotment. is entered into on ;-:;-"-"-""'":-L~::'-'~::->-<~~,.._..,,._,_.=.-+-----::=-::::::---:-' pursuant to an Agreement between Infrastructure En · ering orporation, a California corporation, ("Contractor") and the City of Carlsbad, ("City") ed Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 3, 2016, ("proposal"), attached as Appendix "A" for the 2016 Pavement Overlay, (the "Project''). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $69,600. City Attorney Approved Version 8/3/16 TRAN1475 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TRAN1475 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROJECT NO. 6001-160L, 2016 PAVEMENT OVERLAY TASK GROUP Construction Management Construction Inspection Project Close-out Activities TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corpe>l!!i_o_n ____ _ (name of Contractor) By: ..5~~~-------- (sign here) Scott Adamson I Construction Services Mgr (print name/title) TIME & MATERIALS $ 2,400 $56,000 $11,200 $69,600 INFRASTRUCTURE ENGINEERING CORPORATION, m~ California corporation _ (name of Contractor) By: (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: ColumnA Chairman, President or Vice-President Column 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. u icipal corporation of the State of California By: Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ---,~1:----'-~~=GL.:-=~:....::L=--=t:.--=--t.-=t--~- Deputy City Attorney Date: __ ,_/_z_s_11_1 _____ _ City Attorney Approved Version 8/3116 3 ACTION BY UNANIMOUS WRJTTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective August I, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate Robert Weber, President/Treasurer, Scott Humphrey, Vice President, Preston Lewis, Past President/Director and Amy Czajkowski, Director to have sole signing authority on matters up to $1 million, requiring a second signature above that amount: and For any contract having a value greater than $1 million, the signature of either Robert Weber, President/Treasurer, Scott Humphrey, Vice President, Preston Lewis, Past President, Amy Czajkowski, Director and the signature ofany one of the Secretary, Vicki Shaw or one of the designated employees listed below; and NOW, TIIEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation the following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the folJowing amounts: --~---~------~--------~-------·-·--------- Officer/Employee Title Limit Officer/Employee Title Limit VicldSbaw. Secretary $300,000 Charley McKinley Sr. Project $300,000 Manager Anders Egense Sr. Project $300,000 George Elaro Flow Services $300,000 Manager Group Manager Scott Adamson -Construction $300,000 Abraham Philip ·----·----Sr. Project $300,000 Manager Manager Group Manager --·------~-------~ ·----~---Scott Humphrey Sr. Project $300,000 Richard Kennedy Sr. Project $300,000 Manager Manager ---~ ------------~· -----~ ----- Secti®, ~: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers ofthis corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of1hese resolutions, including the exec tion, acknowledgement, and filing of any documents, certificates, writings, or book entries Jr' ay be required foJ;;(': .. ;;:; ~w~nOJ~ UL _ Rob..:tt ~ v, ch·:t Scott, Humphrey Amy zajkowski ?-I -.--~<~~-1/v)f!<t.t· .. ~ Preston L ~,mir Anders Eg~!i<e October 3'd, 2016 Mr. John Maashoff City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Appendix "A" Reference: Proposal to Perform Construction Management and Inspection Services for "Pavement Overlay Project", Contract No. 6001-lGOL Dear Mr. Vaughan: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for Construction Management and Inspection services for the City of Carlsbad on the Pavement Overlay Project. IEC would like to propose Mr. Thomas Schechter, Senior Construction Inspector as the general site inspector/resident engineer. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1 -Construction Phase Services Task 1.1-Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. 14271 Doniebon Stree!, Poway, California 92064 T 858.413.2400 f 858.413.2440 www iecarporo!ion.com Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 2 of 5 B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a ~eneral nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 3 of 5 F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation ofthe monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2-Post-Construction Services Task 2.1 -Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 4 of 5 Task 2.2 -Final Project Documents FEE: Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings. IEC is pleased to present this estimated fee for Construction Inspection Services for the Pavement Overlay Project. In developing this estimate, we have reviewed the project plans and specifications, visited the site, and called upon our experience with similar projects. In addition, per the City's direction we have assumed inspection for an 80 working day construction schedule for construction management and inspection services. We have included time for pre-construction services as well as two weeks for project close-out activities. Should IEC be requested to provide additional services, such as extended shifts, or should the construction schedule be extended beyond the contingency period, IEC will need to request additional budget. We have included the Resource Schedule below in order to provide to illustrate the anticipated distribution of manpower hours over the life of the project: RESOURCE SCHEDULE FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PAVEMENT OVERLAY PROJECT NO. 6001-lGOL Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 5 of 5 IEC requests a total not to exceed fee of $69,600 (Sixty-Nine Thousand, Six Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Management Mr. Scott Adamson, P.E 15 hrs @ $160.00 $ 2,400.00 • Construction Inspection Mr. Thomas Schechter, 400 hrs @ $140.00 $ 56,000.00 • Project Close-out Activities Mr. Thomas Schechter, 80 hrs @ $140.00 $ 11,200.00 Total $ 69,600.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, _s Scott Adamson, PE Construction Services Manager TRAN1475 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 5526, FOXES LANDING LIFT STATION REPLACEMENT This sixth Proj~ct , Task Description and Fee Allotment, is entered into on 1 g~~ ~ :5<W\.~ 1 20 t I , pursuant to an Agreement between Infrastructure gineenng G01 pD(dtlon, a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 3, 2016, ("proposal"), attached as Appendix "A" for the Foxes Landing Lift Station Replacement, (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred forty (240) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $307,872. City Attorney Approved Version 8/3/16 TRAN1475 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TRAN1475 TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON PROJECT NO. 5526, FOXES LANDING LIFT STATION REPLACEMENT TASK GROUP Construction Management Resident Engineering/Construction Inspection Electrical and SCADA Inspection TOTAL (Not-to-Exceed) CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) 8Y';zokc.W.e/cr 171~1 ;~~~'~ =~:::12s~~i·~~ (print name/title) TIME & MATERIALS $ 13,760 $246,400 $ 47,712 $307,872 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: l._j \,' t_ L- , '\Siirihere)} y;~ e_ <;w L~~ (print name/tifle) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman. President or Vice-President Column 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 BY:~~ City Attorney Approved Version 8/3116 3 October 3rd, 2016 Mr. John Maashoff City of Carlsbad 5950 El camino Real carlsbad, CA 92008 Appendix "A" Reference: Proposal to Perform Construction Management and Inspection Services for "Foxes Landing Lift Station Replacement" Dear Mr. Vaughan: In accordance with your request, Infrastructure Engineering Corporation {IEC) is pleased to provide this proposal for Construction Management and Inspection services for the City of Carlsbad on the Foxes Landing Lift Station Replacement Project. IEC would like to propose Mr. Robert Fitzgerald, Resident Engineer as the resident engineer/site inspector. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1 -Construction Phase Services Task 1.1 -Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 2 of6 Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation [RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 3 of 6 E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports ofthe construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page4 of 6 C. Electricallnspection Provide periodic review of electrical system installation procedures. Provide oversight of system start-up and testing procedures. Coordinate with the contractor to help ensure that City personnel are properly trained during the turn-over/acceptance phase. Task 2-Post-Construction Services Task 2.1-Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. Task 2.2 -Final Project Documents Upon completion of the project, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings. IEC is pleased to present this estimated fee for Construction Management and Inspection services. In developing this estimate we've called upon our experience with similar projects. In addition, per the City's direction we have assumed inspection for a 220 working day construction schedule for construction management and inspection services. Should iEC be requested to provide additional services, such as extended shifts or weekends, or should the construction schedule be extended, IEC will need to request additional budget. Please note that this estimate does not include geotechnical and materials testing or inspection, including special inspection of steel reinforcement and concrete placement. We have assumed that the City will arrange for these services through separate contract with their geotechnical and materials testing consultant. If the city would like IEC to provide these services, we would be happy to arrange them. We can provide an estimate under a separate proposal, or revise this one to reflect those additional services. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page5of6 We have included the Resource Schedule below in order to provide to illustrate the anticipated distribution of manpower hours over the life of the project: IEC requests a total not to exceed fee of $ 307,872.00 (Three Hundred, Seven Thousand, Seven Thousand, Eight Hundred and Seventy-Two Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Management Mr. Scott Adamson, 86 hrs@ $160.00 $ 13,760.00 Construction Manager • Resident Engineering/Construction Inspection Mr. Rob Fitzgerald 1,760 hrs@ $140.00 $ 246,400.00 Resident Engineer • Electrical and SCADA Inspection Mr. Jim Hudson, 336 hrs @ $142.00 $ 47,712.00 Electricai/SCADA Inspector Total $ 307,872.00 Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page6of6 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Construction Services Manager ACTION BY UNANIMOUS WRITI'EN CONSENT OF THE BOARD OF DIRECJ'ORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalfofthe Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section I: The President/Treasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President!freasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and I Section 3: The following officers and employees are designated to act on behalf of the: Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 George Elaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of this corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the executio~ acknowledgement, and filing of any documents, z;;:;::. itings, or book entries tbat may be;; to carry out these resolutions. 'Rob~1 //;;;::~ Preston LeWis 2 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 ACTION BY UNANIMOUS WRITTEN CONSENT OFTHEBOARDOFD~CTORSOF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Co:rporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation,) desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/ CPO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section 1; The President/Treasurer, Robert Weber, the Vice President, Scott Hwnphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instrwnents as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 2 of 4 B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 3 of 4 of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. C. Electrical Inspection Provide periodic review of electrical system installation procedures. Provide oversight of system start-up and testing procedures. Coordinate with the contractor to help ensure that City personnel are properly trained during the turn-over/acceptance phase. Task 2-Post-Construction Services Task 2.1-Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. TRAN1475 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 02 PROJECT NO. 6608, NORTHWEST QUADRANT STORM DRAIN PROGRAM (ROOSEVELT NORTH) Project Task Description and Fee Allotment, is entered into on _,.,,.,,L..nn , pursuant to an Agreement between IN RASTRUCTURE E GINEERING CORPORATION, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 3, 2016, ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Program (Roosevelt North), (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 1 working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 60 calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $9,100. City Attorney Approved Version 8/3/16 4. PREVAILING WAGE RATES /II /II /II /II Ill Ill Ill Ill /II Ill /II Ill Ill /II Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TABLE 1 FEE ALLOTMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON PROJECT NO. 6608, NORTHWEST QUADRANT STORM DRAIN PROGRAM (ROOSEVELT NORTH) TASK GROUP TIME & MATERIALS Construction Inspection $7,000 Project Close-out Activities $2,100 TOTAL (Not-to-Exceed) $9,100 CONTRACTOR l~c;-h'uc-#1Jre. £"9 ;n~~r·,..,j CQrporcrHDn (name of Contractor) (name of Contractor) By: (sign here) C.;Vt S -If-A {j r .... -/ r.J, •,, ,, 16"" c..o Oc. t'-1 -'-Mt:-sdai:f W (print nam(ffiitle) (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: __ ;_f-_>_··!_b ____ _ Ci irector APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 8/3/16 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~· State of California County of 5AI\I ])J ~ G, 6 } On 0 e f 0 Ba:\ I '7, ~ /6 before me, ..!...L:...:~~_:___<____C!>£L..!..!~~'--+-L---"--=--ll...!.....!.!..-'-'f-__L___1L.A£:._-'--=- Date personally appeared seorr PrDAfVJSou r&· ·==~=~IT( 0 ., ·. ...w • c. • ..t:.207~ ...., Mile . Cllromia I S. 01110 County ~ Comm. E Ires Jun 2, 2018 f Place Notary Sea/ Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~) is.lal:e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bgr/theif authorized capacity{ie&), and that by his~1/tl reir signature(~ on the instrument the person(~. or the entity upon behalf of which the person(.sf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. f ------------------------------OPTIONAL------~~----------------~ Though this section is optional, completing this information can deter alteration of the docu fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: __ _ Capacity(ies) Claimed by Signer(s) Signer's Name: --------------,..-=-- 0 Corporate Officer-Title(s): ----~- [J Partner -0 Limited D General 0 Individual 0 Attorney in F C Trustee [J Guardia r Conservator D Other: _____ --:>'"c;___ _______ _ Signer's Name: ___________ _ 0 Corporate Officer-Title(s): ______ _ lJ Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ Signer Is Representing: ________ _ 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 - ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest ofthe Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, TIIEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section I: The Presidentlfreasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President/Treasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr.ProjectManager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 George Elaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: 1bis resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers ofthis corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the execution, acknowledgement, and filing of any documents, Ji?}? ;lings, or book en1ries that may b:; to cony out these resolutio ... 'Rob~1 /~/--;;;:~ 2 October 3'd, 2016 Mr. John Maashoff City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Proposal to Perform Inspection Services for "Northwest Quadrant Storm Drain Program {Roosevelt)" Dear Mr. Vaughan: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for Inspection services for the City of Carlsbad on the Northwest Quadrant Storm Drain Program (Roosevelt). IEC would like to propose Mr. Josh Fretwell, Senior Construction Inspector as the general site inspector/resident engineer. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1-Construction Phase Services Task 1.1 -Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. 14:171 Danielson SHe~>•. Poway. Calofornio 9:1064 T 858 4 I 3 1400 f 858 413 :/440 www iecorporolion com Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 2 of 5 Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation [RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 3 of 5 E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F. Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation ofthe monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports ofthe construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 4 of 5 Task 2-Post-Construction Services Task 2.1-Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. Task 2.2 -Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of red lined as-built drawings IEC is pleased to present this estimated fee for Construction Management and Inspection services. In developing this estimate we've called upon our experience with similar projects. In addition, per the City's direction we've reviewed the remaining anticipated construction schedule and developed an estimate of remaining hours we feel will be needed to complete the project. Should IEC be requested to provide additional services, such as extended shifts or weekends, or should the construction schedule be extended, IEC will need to request additional budget. IEC requests a total not to exceed fee of$ 9,100.00 (Nine Thousand, One Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Construction Inspection Mr. Josh Fretwell, 50 hrs@ $140.00 $ 7,000.00 Sen. Construction Inspector • Project Close-out Activities Mr. Josh Fretwell, 15 hrs @ $140.00 $ 2,100.00 Sen. Construction Inspector Total $ 9,100.00 TRAN1475 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 01 PROJECT NO. 6608, NORTHWEST QUADRANT STORM DRAIN PROGRAM (ARBUCKLE) TVf}, ~J2ect Task Description and Fee Allotment, is entered into on {) 3~ :Joj(.p , pursuant to an Agreement between INFRASTRUCTURE E GINEERING CORPORATION, ("Contractor'') and the C1ty of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 3, 2016, ("proposal"), attached as Appendix "A" for the Northwest Quadrant Storm Drain Program (Arbuckle), (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 1 working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 60 calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $2,800. City Attorney Approved Version 8/3/16 4. PREVAILING WAGE RATES /II /II Ill /II /II /II /II /II Ill /II /II /II /II /II /II /II /II Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON PROJECT NO. 6608, NORTHWEST QUADRANT STORM DRAIN PROGRAM (ARBUCKLE) TASK GROUP TIME & MATERIALS Project Close-out Activities $2,800 TOTAL (Not-to-Exceed) $2,800 CONTRACTOR tn47a9b udure &ncHnHrr"n~ C orporoh;-. ____________ _ (name~ontractol-1 (name of Contractor) By:S'--fl~ By: (sign here) (sign here) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ ~ Date: ___:_;_/._7_-_J!t_~ ___ _ City Attorney Approved Version 8/3/16 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • State of California } County of ~I#J D/ £ G () onV~T06£1( /2 ~16 before me, NltAirJL/ /Yl. Vht1BJ(A 1 NurfrlfK fcJBLje,, Date I Here Insert Name and Title of the Officer personally appeared scon ADA-fVJ~A.J Place Notary Sea/ Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person.W whose namefs) isffire subscribed to the within instrument and acknowledged to me that ho.lsl=le/'1:1 1ey executed the same in his~heFAI=leir authorized capacity.fies}, and that by his,lkei/'1:1 1ei1 signature(e) on the instrument the person~). or the entity upon behalf of which the person(-sf-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------------------OPTIONAL---------~-------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): -----------,_.-Corporate Officer -Title(s): ______ _ IJ Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or C D Trustee D Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: ________ _ 13 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECI'ORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January l, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section 1: The President!freasurer, Robert Weber, the Vice President, Scott Hwnphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President!freasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 George Elaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: This resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers of1his corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the execution, acknowledgement, and filing of any documents, certificates, writings, or book entries that may be required to carry out these resolutions. 2 October 3'd, 2016 Mr. John Maashoff City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Proposal to Perform Inspection Services for "Northwest Quadrant Storm Drain Program (Arbuckle)", Contract No. 6608 Dear Mr. Vaughan: In accordance with your request, Infrastructure Engineering Corporation (IEC) is pleased to provide this proposal for Inspection services for the City of Carlsbad on the Northwest Quadrant Storm Drain Program (Arbuckle). IEC would like to propose Mr. Josh Fretwell, Senior Construction Inspector as the general site inspector/resident engineer. The following scope of work proposed is possibly including, but not limited to, the following: SCOPE OF SERVICES: Presented below is IEC's proposed Detailed Scope of Work to be provided based on our understanding ofthe project requirements. IEC has assembled a comprehensive and detailed scope of work to accomplish the City's project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget. Task 1-Construction Phase Services Task 1.1 -Reports and Communications (Document Control) A. Project Document Control Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and any additional relevant project correspondence. Project documentation will be kept digitally as well as hard copies, and files will be organized in a logical manner as approved by the City. Task 1.2 -Construction Administration A. Construction Progress Meetings Schedule and conduct bi-weekly construction progress meetings with the contractor(s) and the City. Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other contractors, status of change orders, and safety issues. Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees. 142 71 Doniel$on SHeer. Powoy. Colilornro 92064 1 858 4 13 7400 f 8 58 4 13 7440 www iecorporolion com Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 2 of 4 B. Project Coordination Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties and the City as needed to facilitate the construction process. IEC will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plan. A documentation tracking procedure will be developed to track the distribution of these documents. C. Shop Drawings and Submittal Reviews Coordinate submittal review and approval. IEC will be responsible for processing and monitoring the status of submittals. IEC will provide cursory review of the contractor's submittals for general conformance with the contract document requirements prior to sending the submittals to the design engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City's request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import. IEC will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the contractor. Shop drawings and submittals which significantly do not meet the specified requirements will be returned to the contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically. D. Plans and Specifications Interpretation (RFI Processing) Review and respond to contractor RFis of a general nature. Technical RFis will be submitted to the project design engineer for response. Maintain a log of RFis and in order to ensure that written clarifications are provided to the contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City's Project Manager and Design Engineer for response and approval. E. Respond to Change Order Requests Identify, prepare log, and monitor contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval. F Progress Payment Reviews Prepare project related invoices and progress payments. Submit invoices to the City's project manager with a recommendation stating the proper amount for payment using the Schedule Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 3 of 4 of Values and actual quantities as a basis to prepare payment requests. Progress Payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor's required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit. Task 1.3 -Construction Inspection Services A. Daily Construction Monitoring Provide inspection and necessary specialty inspection to observe and document that the contractor's work is in compliance with the contract documents. Prepare daily reports ofthe construction activities including weather conditions, contractor's equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship, and discuss with the contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain on a daily basis a set of as-built drawings as verification and redundancy to the Contractors. B. Photo Documentation Take and develop construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise. Task 2-Post-Construction Services Task 2.1 -Project Closeout Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the contractor's project record drawings are complete and accurate. Task 2.2 -Final Project Documents Within 30 days of filing of the notice of completion, provide a Construction Documentation notebook and electronic copy comprised of all approved shop drawings, material test Mr. John Maashoff City of Carlsbad October 3rd, 2016 Page 4 of 4 reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of redlined as-built drawings IEC is pleased to present this estimated fee for Construction Management and Inspection services. In developing this estimate we've called upon our experience with similar projects. In addition, per the City's direction we've reviewed the remaining anticipated construction schedule and developed an estimate of remaining hours we feel will be needed to complete the project. Should IEC be requested to provide additional services, such as extended shifts or weekends, or should the construction schedule be extended, IEC will need to request additional budget. IEC requests a total not to exceed fee of$ 2,800.00 (Two Thousand, Eight Hundred Dollars). This fee is all inclusive of vehicle, mileage, computer, testing equipment and all other necessary equipment and materials to perform the required tasks. A breakdown of the fees is as follows; • Project Close-out Activities Mr. Josh Fretwell, 20 hrs @ $140.00 $ 2,800.00 Sen. Construction Inspector Total $ 2,800.00 We sincerely appreciate the opportunities to provide this proposal and assist the City with this project. Please contact me at (858) 413-2400 should you have any questions or need further information. Sincerely, Scott Adamson, PE Construction Services Manager I MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (INFRASTRUCTURE ENGINEERING CORPORATION} THIS AGREEMENT is made and entered into as of the B.Cf#) day of ~~ , 20Ji,a_. by and between the CITY OF CARLSBAD, a municipal corporion, hereinafter referred to as "City", and INFRASTRUCTURE ENGINEERING CORPORATION, a California Corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering firm that is experienced in inspection and construction management for civil engineering/horizontal projects. B. Contractor has the necessary experience in providing professional services and advice related to inspection and construction management of private as well as municipal projects. 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. 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 Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one 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. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific 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 City Attorney Approved Version 6/9/15 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 eight hundred thousand dollars ($800,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed eight hundred thousand dollars ($800,000) per Agreement year. 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. 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 2 City Attorney Approved Version 6/9/15 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 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. 1 0.1.4 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. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 City Attorney Approved Version 6/9/15 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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. 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 City: ~~~~· if~l)\tll1i ri6k- 4 For Contractor: Name Title 6DB£~T Wfc~J;f\ pgi;StOJZNI City Attorney Approved Version 6/9/15 Dept Address Phone CITY OF CARLSBAD [(, 0 s-t'~fl:c C-it1~z~ a. pv Address Phone Email 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 four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) 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 5 City Attorney Approved Version 6/9/15 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 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. 6 City Attorney Approved Version 6/9/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this 2 q..f-0 day of ,~~ , 20l¥z_. CONTRACTOR By: z,( 1ft; .. v (sign here) .AoWS !Mber t~"'slckqf (print name/title l (print name/title) CITY OF CARLSBAD, a municipal ::poration ~s;z~alifomia ~1~EO~RSON AUTHORIZED TO SIGN €City Meru~ger er - Mayor or DivisioR Direeter as authorized by the City Manager)] ATTEST: City Clerk 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ ~p:1~ 1t City Attorney MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (INFRASTRUCTURE ENGINEERING CORPORATION) 7 City Attorney Approved Version 6/9/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • State of California } County of St}-k} D! EG;o On Al/G;()S T 11 dO/{, before me, NAA/4i IV]. Vt!Ylf3f(A 1 1\/0T/t/\fe f'tJ8L,/ V Date re Insert Name and Title of the Offi er personally appeared f)uB£r\T W£8£!( Place Notary Sea/ Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~) whose namefs) is/~ subscribed to the within instrument and acknowledged to me that he/shQ'thQy executed the same in hisf.hefftl-tcir authorized capacity~). and that by his/her/their signature(st on the instrument the person~). or the entity upon behalf of which the person(sracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS -----------------------------OPTIONAL---------"------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: __ _ Capacity{ies) Claimed by Signer{s) Signer's Name: -------------::;,.-£ ~~~ Corporate Officer-Title(s): ----~'---- 0 Partner -0 Limited 0 General D Individual 0 Attorney in t D Trustee LJ Guardi or Conservator L; Other: ----_____,.-L---------- Signer's Name: ____________ _ 0 Corporate Officer-Title(s): ______ _ D Partner -0 Limited U General 0 Individual 0 Attorney in Fact D Trustee []Guardian or Conservator 0 Other: _____________ _ Signer Is Representing: ________ _ © 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~· State of California } County of ~~~N 1) J f:G 0 onAU&,usr 1 JJJ/6 before me, A/Pr!Jr;:j AI]. C41Y1BtfA A1()1liKV fv.O[Ic Date' , . Here Insert Name and Title 6f the Office! personally appeared VICKI S'I:IAVI/ Place Notary Sea/ Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose name(s) is.tafe. subscribed to the within instrument and acknowledged to me that he/-Sf:lefttTey executed the same in his/herftheir authorized capacity(+es), and that by his/~er/their signature(.s) on the instrument the person~). or the entity upon behalf of which the person~s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES~y hand and official seal. SignatuJf L · -----------------------------OPTIONAL--------~------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Above:...-L'------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ ____ ·gner's Name: ___________ _ [J Corporate Officer-Title(s): -----~-[l Corporate Officer -Title(s): ______ _ C:::: Partner -D Limited D General D Partner -[l Limited D General D Individual n Attorney in Fa U Individual D Attorney in Fact D Trustee D Guardian onservator D Trustee D Guardian or Conservator ll Other: _________ L.__ _______ _ D Other: _____________ ___ Signer Is Representing: ________ _ © 2013 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. CITY OF CARLSBAD RFQ No. 16-10 AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Construction Management and lnspe~t!Qn Service$ Construction lnspf'ctor. . .. . . .. . S 178 Senior Con!.>truction Inspector .................... $ 140 Resident Eng1neer ..................................... $ 145 Construct1on Manager.. .................. .$ 160 Con~truction CM Coordinator ................... $ 115 Pnncipal Enginf'f'r. S /05 A~~l CM Coordinator ............................ $ ~5 8 City Attorney Approved Version 6/9/15 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF INFRASTRUCTURE ENGINEERING CORPORATION A CALIFORNIA CORPORATION The undersigned, constituting all of the directors of Infrastructure Engineering Corporation, acting pursuant to the authority of Section 307(b) and any other applicable section of the California General Corporation Law, hereby adopt the following recitals and resolutions, effective January 1, 2016: WHEREAS, in order to enter into contracts and other agreements, Infrastructure Engineering Corporation. (the "Corporation") desires to designate the authority of its officers and selected employees to sign on behalf of the Corporation; and WHEREAS, the Board of Directors of the Corporation considers it to be in the best interest of the Corporation to designate the President, Vice President/CFO and the Past President to have sole signing authority on matters up to $1 million, requiring a second signature above that amount; and WHEREAS, the Board of Directors also desires to designate Amy Czajkowski, Anna Buising, Anders Egense and George Elaro to act on behalf of the Corporation with limited authority to enter into contracts or other agreements and to sign on behalf of the Corporation as resolved below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Infrastructure Engineering Corporation as follows: Section 1: The President!I'reasurer, Robert Weber, the Vice President, Scott Humphrey, the Past President, Preston Lewis, each one acting alone, be and they are hereby authorized, without further authorization of the Board, to enter into and execute on behalf of the Corporation such contracts and other instruments as are necessary and appropriate for the Corporation, having a value of One Million Dollars or less; and Section 2: For any transaction having a value greater than One Million Dollars, the signature of either of the President!rreasurer, Robert Weber, or the Vice President, Scott Humphrey, or the Past President, Preston Lewis, and the signature of any one of the Secretary, Vicki Shaw, Amy Czajkowski, Anna Buising, Anders Egense, George Elaro or Scott Adamson; and 1 Section 3: The following officers and employees are designated to act on behalf of the Corporation with limited authority to enter into contracts and other agreements that do not exceed the following amounts: Officer Title Limit Amy Czajkowski Sr. Project Manager $750,000 Secretary $300,000 Vicki Shaw Anders Egense Sr. Project Manager $300,000 Anna Buising Principal, $300,000 Environmental Services Flow Services $300,000 George Elaro Group Manager Construction Manager $300,000 Scott Adamson Group Manager Section 4: lbis resolution is effective immediately and shall continue as to each individual until said individual shall leave the employ of the Company or until revoked by the Board of Directors, whichever shall first occur. RESOLVED FURTHER, that the officers ofthis corporation are authorized and directed to take any other actions necessary to carry out the purpose and intent of these resolutions, including the execution, acknowledgement, and filing of any documents, V? ;lings, or book entries that may be;; to carry out these resolutions. RobertS. Weber -·· ~ ~ 2