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Infrastructure Engineering Corporation; 2017-09-13; TRAN1610
TRAN1610 General Counsel Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES INFRASTRUCTURE ENGINEERING CORPORATION This ratification of Amendment No. 1 and Amendment No. 2 is entered into and effective as of the _______ day of __________________, 2019, ratifying and extending the agreement dated September 13, 2017 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Infrastructure Engineering Corporation, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A.On August 20, 2018, the Parties executed Amendment No. 1 to the Agreement toextend and fund the Agreement for an additional period of one (1) year, ending on September 28, 2019; and B.The Parties have continuously performed, and continued to perform, under theAgreement although the CMWD signatory to Amendment No. 1 lacked proper authority to sign; and C.The Parties desire to ratify Amendment No. 1 to the Agreement, retroactive toAugust 20, 2018; and D.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, CMWD and Contractor agree as follows: 1.Amendment No. 1 to the Agreement is hereby ratified, retroactive to August 20,2018. 2.The Agreement, as may have been amended from time to time, is hereby extendedfor a period of one (1) year ending on September 27, 2020, on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 3. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. DocuSign Envelope ID: 1C5DBF32-F2B3-49B6-AA7C-94FB9D8CA3F7 August16th TRAN1610 General Counsel Approved Version 1/30/13 2 5.The individuals executing this Amendment and the instruments referenced onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) Scott Chadwick, Executive Manager Robert Weber, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, Secretary Vicki Shaw, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:_____________________________ Deputy General Counsel DocuSign Envelope ID: 1C5DBF32-F2B3-49B6-AA7C-94FB9D8CA3F7 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 ST POWAY CA 92064 This policy is subject to the following additional Conditions: A.If this policy is cancelled by the Company,other than for non-payment of premium,notice of such cancellation will be provided at least thirty (30)days in advance of the cancellation effective date to the certificate holder(s)with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company for non-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 file with the agent of record or the Company. If notice is mailed,proof of mailing to the last known mailing address of the certificate holder(s)on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s)who were issued a 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 cancellation becomes effective,nor will it negate cancellation of the policy.Failure to send notice shall impose no liability of any kind upon the Company or its agents or 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 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 2 %of the California workers'compensation premium otherwise due on 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 rights from us TRAN1610 General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 3840-12 This fifth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement (TRAN1610) between Infrastructure Engineering Corporation (IEC), a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated September 13, 2017, (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 October 11, 2018, (“proposal”), attached as Appendix "A" for the Lift Station Generator Replacements 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 Executive Manager or General Manager 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 fifty (150) 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 Executive Manager or General 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 monthly invoices. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $88,600.00. DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F January 18, 2019 TRAN1610 General Counsel Approved Version 7/19/17 2 4.PREVAILING WAGE RATESAny 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: B055D085-2B0C-40D1-849E-2F66824FF33F TRAN1610 General Counsel Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT LIFT STATION GENERATOR REPLACEMENT PROJECT TASK GROUP TIME & MATERIALS Construction Management & Inspection - 400hrs @ $140.00 $56,000.00 Electrical and SCADA Inspections – 200hrs @ $163.00 $32,600.00 TOTAL (Not-to-Exceed) $88,600.00 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 Manager Vicki Shaw, Secretary (print name/title) (print name/title) sadamson@iecorporation.com vshaw@iecorporation.com (e-mail address) (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ For Scott Chadwick, Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Deputy General Counsel DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F 1/18/2019 October 11, 2018 Mr. Babaq Taj City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Reference: Proposal to Perform Construction Management and Inspection Services for “Lift Station Generator Replacement Project – Knots Lane Lift Station & North Batiquitos Lift Station ” Dear Mr. Taj: 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 Lift Station Generator Replacement Project. IEC would like to propose Mr. Robert Fitzgerald, Construction Manager as the construction manager/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. APPENDIX A 4 TRAN1610 DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F Mr. Babaq Taj City of Carlsbad October 11, 2018 Page 2 of 5 Task 1.2 – Construction Administration A.Construction Progress Meetings Schedule and conduct 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, backup systems, and traffic control plans. 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. 5 TRAN1610 DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F Mr. Babaq Taj City of Carlsbad October 11, 2018 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 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 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. 6 TRAN1610 DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F Mr. Babaq Taj City of Carlsbad October 11, 2018 Page 4 of 5 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. 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. FEE: 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 100 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. 7 TRAN1610 DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F Mr. Babaq Taj City of Carlsbad October 11, 2018 Page 5 of 5 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: Role/Team Member Nov Dec Jan Feb Mar Apr Total 2018 2018 2019 2019 2019 2017 Hrs. Senior Construction Inspector/RE Rob Fitzgerald 40 80 80 80 80 40 400 Electrical Insepctor Jim Hudson, RCS 20 40 40 40 40 20 200 IEC requests a total not to exceed fee of $ 88,600.00 (Eighty-Eight 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; •Resident Engineering/Construction Inspection Mr. Rob Fitzgerald 400 hrs @ $140.00 $ 56,000.00 Construction Manager •Electrical and SCADA Inspection Mr. Jim Hudson, 200hrs @ $163.00 $ 32,600.00 Electrical/SCADA Inspector Total $ 88,600.00 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 8 TRAN1610 DocuSign Envelope ID: B055D085-2B0C-40D1-849E-2F66824FF33F TRAN1610 General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 PROJECT NO. 5019-A This fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated September 13, 2017, (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 October 25, 2018 (“proposal”), attached as Appendix "A" for the Valve Replacement Phase 1, (the “Project"). The Project services shall include construction management and inspection for Valve Replacement Phase 1. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager 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 and fifty (150) 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 CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $92,400. DocuSign Envelope ID: 78492995-5B3F-451F-9083-7BE9365FD684 January 11, 2019 TRAN1610 General Counsel 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: 78492995-5B3F-451F-9083-7BE9365FD684 TRAN1610 General Counsel Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION ADDITIONAL SERVICES FOR THE VALVE REPLACEMENT PHASE 1 PROJECT TASK GROUP TIME & MATERIALS Total (Not-to-Exceed) As Per Appendix A $92,400 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) Robert Weber/President Vicki Shaw/ Secretary (print name/title) (print name/title) rweber@iecorporation.com vshaw@iecorporation.com (e-mail address) (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ For Scott Chadwick, Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Deputy General Counsel DocuSign Envelope ID: 78492995-5B3F-451F-9083-7BE9365FD684 1/11/2019 14271 Danielson Street, Poway, California 92064 T 858.413.2400 F 858.413.2440 October 25, 2018 Mr. Valerie Airey City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Reference: Request for Budget Increase, Construction Management and Insp. “Valve Replacement: Phase 1”, Contract No. 5019-A, PWS18-54UTIL Dear Ms. Airey: 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 Valve Replacement: Phase 1”. In January of 2018 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 February 2018 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 specified 250 working day construction schedule. In addition, we also based the proposal on the City’s request, prior to construction, that construction activities other than tie-ins only include half-time inspection efforts. As you are aware, due to poor performance, it was quickly determined that the contractor may not have been qualified to complete the project. At that time, in order to provide increased oversite, IEC was instructed to provide full-time management and inspection services on the project. As a result of that increase in effort our original estimated budget has been expended. Our original budget will be exhausted at the end November 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 APPENDIX A TRAN1610 4 DocuSign Envelope ID: 78492995-5B3F-451F-9083-7BE9365FD684 Ms. Valerie Airey October 25, 2018 Valve Replacement Phase 1 Budget Increase Request inspection and management services through the end of January 2019, then half-time services during project close-out which is currently scheduled to be the end of March 2019. IEC needs to request the City of Carlsbad approve an additional $ 92,400.00 (Ninety-Two Thousand, Four Hundred 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 Management and Inspection Mr. Lucas Findlay, 660 hrs @ $140.00/HR $ 92,400.00 Total $ 92,400.00 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 TRAN1610 5 DocuSign Envelope ID: 78492995-5B3F-451F-9083-7BE9365FD684 TRAN1610 General Counsel Approved Version 7/19/17 1 RATIFICATION PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 5209-1 This Ratification of the third Project Task Description and Fee Allotment, is entered into on _________________________________________, but effective as of the 26th of November 2016, pursuant to Agreement No. TRAN1475 which became TRAN1610 to accommodate CMWD Tasks between INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated May 24, 2017, (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 "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 5, 2018 (“proposal”), attached as Appendix "A" for the Carlsbad Water Reclamation Facility, (the “Project"). The Project services included construction management and inspection for the Carlsbad Water Reclamation Facility. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor completed the work within the time allotted, twenty (20) 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 Table1.Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $8,260.00. DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 August 13, 2018 TRAN1610 General Counsel Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR CARLSBAD WATER RECLAMATION FACILITY TASK GROUP TIME & MATERIALS INSPECTION SERVICES - TOTAL (Not-to-Exceed) $8,260.00 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 Manager Vicki Shaw, Secretary (print name/title) (print name/title) sadamson@iecorporation.com vshaw@iecorporation.com (e-mail address) (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ Elaine Lukey, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Deputy General Counsel DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 8/10/2018 July 5th, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Reference: Budget Increase Request Inspection Services for “Carlsbad Water Reclamation Facility” Contract No. 5209 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 Carlsbad Water Reclamation Facility. 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 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, APPENDIX A DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 Mr. Scott Fisher City of Carlsbad July 5th, 2018 Page 2 of 4 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. DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 Mr. Scott Fisher City of Carlsbad July 5th, 2018 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 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. DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 Mr. Scott Fisher City of Carlsbad July 5th, 2018 Page 4 of 4 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: IEC is requesting a budget increase of $ 8,260.00 (Eight Thousand, Two Hundred, 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; • Tasks 1 and 2 Senior Construction Inspector, 59 hrs @ $140.00 $ 8,260.00 Total $ 8,260.00 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 DocuSign Envelope ID: 379EF4B8-803B-4ADB-A6BC-8E1B4B6FF518 TRAN1610 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES INFRASTRUCTURE ENGINEERING CORPORATION This Amendment No. 1 is entered into and effective as of the ________ day of _______________________________, 2018, extending and amending the agreement dated September 29, 2017 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Infrastructure Engineering Corporation, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. 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, CMWD 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 28, 2019, on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 0683FA5E-4FF2-4D7C-9C8D-D32643602C5A 20th August TRAN1610 General Counsel 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 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) For Scott Chadwick Executive Manager Robert Weber / President (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON Vicki Shaw / Secretary Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:_____________________________ Deputy General Counsel DocuSign Envelope ID: 0683FA5E-4FF2-4D7C-9C8D-D32643602C5A 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. 2/16/2018 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 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 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: PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 5019-A TRAN1610 Fee Allotment, is entered into on :-:"':":~~~~~~~~--r-:L:"":=~~':::--=-=:-=-:=-=-=-=-=' pursuant to an Agreement between EN !NEERING CORPORATION, a California corporation ("Contractor") and the Carlsbad unicipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated September 13, 2017, (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.12, 2018 ("proposal"), attached as Appendix "A" for the Valve Replacement Phase 1, (the "Project"). The Project services shall include construction management and inspection for valve replacement phase 1. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 5 (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and fifty (250) 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 CMWD, 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $182,560. TRAN1610 4. PREVAILING WAGE RATES 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. 2 TRAN1610 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR VALVE REPLACEMENT PHASE 1 TASK GROUP Pre-Construction Services -80hrs (ii) $140.00 Construction Inspection -1,144hrs@ $140.00 Project Close-Out Activities -80hrs (ii) $140.00 TOTAL (Not-to-Exceed) CONTRACTOR (print name/title) (Wtwc? 1~rtJorafzin-~ (e-mail a~dress) TIME & MATERIALS $11.200 $160,160 $11 200 $182.560 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By:--J~~ 1 (sign here) Y1 ~-~ ~~ J S ~-ir Jt-,,----~--- (print name/title) V-l,. l-..t-...J O 1'e C-<,'V' ;.'1cv,:,_-f.'wt . C(W\_ (e-mail address) 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act 1911, and a Subsidiary District of the City of Carlsbad By: Date: __,?/--....l---'-1-'--(>_8 ___ _ ~Kev· 7 APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: --'Uku~~ULJU=-=~=----<-=....;;;......r,....___ Deputy General Counsel 3 January 12, 2018 Mr. Scott Fisher City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 TRAN1610 APPENDIX A Reference: Proposal to Perform Inspection Services for "Valve Replacement: Phase I'~ Contract No. 5019-A, PWS18-54UTIL 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 Valve Replacement: Phase I 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 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. 4 TRAN1610 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 {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 5 TRAN1610 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 photo documentation. Also provide and submit one set of red lined as-built drawings 6 TRAN1610 FEE: 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 two hundred fifty (250) working day construction schedule. In addition, review of the project plans indicates that there are currently eighteen (18) separate valve replacement locations. We've assumed that tie-in activities at each of these locations will required full-time inspection and coordination for a minimum of two (2) eight (8) hour shifts, while the remainder of the project should be manageable 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, or should the tie-ins and preliminary work take longer than the assumed rate, IEC will need to request additional budget. IEC requests a total not to exceed a fee of$ 182,560.00 (One Hundred Eighty-Two Thousand, Five Hundred 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; • Pre-Construction Services Mr. Lucas Findlay, 80 hrs @ $140.00 $ 11,200.00 Assistant CM/Engineer II • Construction Inspection Mr. Lucas Findlay, 1,144 hrs@ $140.00 $ 160,160.00 Assistant CM/ Engineer II • Project Close-out Activities Mr. Lucas Findlay, 80 hrs @ $140.00 $ 11,200.00 Assistant CM/Engineer II Total $ 182,560.00 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 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/18/2017 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 endorsementlsl. PRODUCER CONTACT Certificate Department NAME: Cavignac & Associates P.~~N,t c-"· 619-7 44-05 7 4 I ff,~ Nn\· 619-234-8601 450 B Street, Suite 1800 ~~nA~~""· certificates@cavignac.com San Diego CA 92101 INSURER{Sl AFFORDING COVERAGE NAIC# INsuRERA ,Travelers Property & Casualtv Comoa 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 INSURERD: Poway, CA 92064 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· 1197208831 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 " POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER {MM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y 6807H08841A 2/13/2017 2/13/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE Ci] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $1,000,000 ~ Contractual Liab MED EXP (Any one person) $10,000 ~ Segaration of In PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 q DPRO-DLOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: Deductible $0 A AUTOMOBILE LIABILITY y BA0643M522 2/13/2017 2/13/2018 (E';;'~BINEUtflN<.;Lt: LIMI 1 ccident $1,000,000 -X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident! $ ~ -$ A X UMBRELLA LIAB M OCCUR CUP3637T08A 2/13/2017 2/13/2018 EACH OCCURRENCE $2,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 / OED IX I RETENTION$ 0 $ B WORKERS COMPENSATION 72WEGRT6756 2/13/2017 2/13/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER YIN 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 DPR9911217 2/13/2017 2/13/2018 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: Project Name: Carlsbad FCF No.5 Planning Study; IEC Project No: 052.CARL.0026.01. Additional Insured coverage applies to General Liability and Automobile Liability for City of Carlsbad/CMWD 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). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 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 'vVith respect to coverage provided by this 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 C ~· 1nn1 CHCI.ITADV nAVHCI.ITC _ 11.l~DCACCn .... "'ur .-...... ,n._, .. I ..... , I r'"' I ....... ~I"' -.... "., ... ,..,,WII ... IJ LIP.,11TS 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. BLANKET ADD!T!ONAL 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 1 1.1nT1rc Al.In 111un1a11 cn~c nc A~~1nc1.1T L.. 1-.u I I._,.,_ '"'1-.._, 1'-1'11"'•• 1..'-a.,Ulo. VI l"'I.V..,IIJ'-1-. I 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 II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -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 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 5 of 10 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 1NOrk" 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 lndudes the copyrighted material of Insurance Services Office, Inc., with its permission TRAN1610 RATIFICATION OF PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 5035 This Ratification of the first Project Task Description and Fee Allotment, is entered into on'--· , but effective as of the 1st of September, 2017, pursuant to Agree ent between Infrastructure Engineering Corporation, a California corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated September 13, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. Upon full execution, the Task is ratified. 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 August 10, 2017, ("proposal"), attached as Appendix "A" for the La Costa Water Main, (the "Project"). The Project services shall include construction management and inspection for la costa water main replacement. 2.PROGRESS AND COMPLETION 3. Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall complete the work within eighty nine (89) 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. 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 byContractor and reviewed by CMWD, shows the parties' intent as to the elements, scopeand extent of the task groups. Contractor acknowledges that performance of any and alltasks by the Contractor constitutes acknowledgment by Contractor that such tasks arethose 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 CMWD 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 CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $87,920. General Counsel Approved Version 7/19/17 1 TRAN1610 4.PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill 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. General Counsel Approved Version 7/19/17 2 TRAN1610 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION FOR LA COSTA WATER MAIN REPLACEMENT TASK GROUP Pre-Construction Services Construction Inspection Project Close-Out Activities TOTAL (Not-to-Exceed} CONTRACTOR INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) *By: Zkr c&i)�c/ ( sign here) En/J�r5 ·U/1"� ;?h(J,JMf � (print name/title) ' {U/(/,11(? /ecoffotafz'r>t. Co"" (e-mail ddress) TIME & MATERIALS $4,200 $78,120 $5,600 $87,920 INFRASTRUCTURE ENGINEERING CORPORATION, a California corporation (name of Contractor) By: l v j ;._,, /01,-_____.._ VS. k <u.,-J e / e c. c1,/ (\-•.'<""< ·�',JV\ Ci:,-:.-, (e-mail address) If Contractor is a corporation, this document must be signed by one individual from eachcolumn: 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. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1 11, and a S bsidiary District of the City of Carlsbad By: 1')..Kev· APPROVED AS TO FORM: CELIA A. BREWER, General Counsel 3 Date: / ft't It� -�--------- General Counsel Approved Version 7/19/17 August 10, 2017 Mr. John Maashoff City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Appendix "A" Reference: Proposal to Perform Inspection Services for "La Costa Water Main Rep/acement111 Contract No. 5035, PWS17-115UTIL 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 La Costa Water Main Replacement 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, 14?7I Do•1ielsor, S·,e,,•, Pow<>y, C<>lil,)•nio 92064 T 8.58 413 ?400 F 8.'i8 413,2440 www ,eco,poHJiion corn Mr. John Maashoff City of Carlsbad August 10, 2017 Page 2 of 4 Appendix "A" 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 (RF! Processing) Review and respond to contractor RF ls 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. Mr. John Maashoff City of Carlsbad August 10, 2017 Page 3 of 4 F, Progress Payment Reviews Appendix "A" 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 specificationsand provide a timely response. Perform technical inspection at the job site as required ofmaterials and workmanship, and discuss with the contractor appropriate revisions to themethods 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 dailybasis 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 August 10, 2017 Page 4 of 4 Appendix "A" 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. Based on conversations with City management we have assumed inspection for an 89 working day construction schedule at 8 hours per day of Horizontal Directional Drilling (HOD) and 6 hours per day for all other inspection services. The assumed rate of production for HOD is 50 LF/day totaling twelve (12) working days within the contract. We have also 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 weekends, or should the construction schedule be extended, or should the HOD take longer than the assumed rate, IEC will need to request additional budget. IEC requests a total not to exceed fee of$ 87,920.00 (Eighty-Seven Thousand, Nine-Hundred Twenty 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,30 hrs@ $140.00 Assistant CM/Engineer I •Construction Inspection Mr. Lucas Findlay,558 hrs @ $140.00 Assistant CM/ Engineer I •Project Close-out Activities Total Mr. Lucas Findlay,40 hrs @ $140.00 Assistant CM/Engineer I $ 4,200.00 $ 78,120.00 $ 5,600.00 $ 87,920.00 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 (MMIDDIYYYY} � 10/18/2017 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 Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 CONTACT Certificate Department NAME: fA��N.t r . .-. 619-744-0574 �;..�����. certificates@cavignac.com I ff:�.,_. 619-234-8601 INSURER(Sl AFFORDING COVERAGE I NAIC# 1NsuRERA ,Travelers Propertv & Casualtv Campa 25674 INSURED INFRENG-01 INSURER B :Hartford Ins Co of the Midwest 37478 Infrastructure Engineering Corporation INSURER c ,XL Specialtv Comoany 37885 14271 Danielson Street INSURERD: Poway, CA 92064 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1197208831 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. 1rt�I TYPE OF INSURANCE A ix COMMERCIAL GENERAL LIABILITY ,-- A A B C � '---f----CLAIMS-MADE OCCUR Contractual Liab ,__2<__ Segaration of In �uu"Lu�I t: LIMIT PER: Fl POLICY LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO f-----ALL OWNED AUTOS AUTOS � NON-OWNED q SCHEDULED HIRED AUTOS AUTOS - X UMBRELLA LIAB EXCESS LIAB MOCCUR, CLAIMS-MADE OED IX I RETENTION $0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below Professional Liability YIN D A ,�D·1 POLICYEFF ,�m-Ji�I INSD POLICY NUMBER IMMIDDIYYYYl y I 6807H08841 A 2/13/2017 2113/2018 y BA0643M522 2/13/2017 2/13/2018 iCUP3637T08A 2113/2017 2/13/2018 72WEGRT6756 2/1312017 2/13/2018 NIA DPR9911217 2/13/2017 2/1312018 LIMITS EACH OCCURRENCE I $1,000.000 DAMAGE Tu "c:", t:u . I $1,000.000 PREMISES /Fa MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OP AGG $2,000,000 Deductible $0 c;uMBINt:u "'NL,Lt: LIii/ii $1,000,000 /Ea accident\ BODILY INJURY (Per person) $ BODIL y INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ EACH OCCURRENCE i $2,000,000 AGGREGATE $2,000,000 $ X I �ffTUTE I I¥�"-E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE· EA EMPLOYEE $1,000,000 EL DISEASE· POLICY LIMIT $1,000,000 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project Name: Carlsbad FCF No.5 Planning Study; IEC Project No: 052.CARL.0026.01. Additional Insured coverage applies to General Liability and Automobile Liability for City of Carlsbad/CMWD 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). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DA TE THEREOF, NOTICE WILL BE DELIVERED INc/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668-ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE I � © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ./ / 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 respeci to coverage provided by this endorsement, the provisions of the Coverage Form appiy uniess modified 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 coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement 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 E.SUPPLEf.tEf"JTARY PAY�.1Et�TSLIMITS 11,J,..ac A ccn ••• ,.,,.,.,, ... l'"l.lol'-1.1 F.HIRED AUTO -LIMITED WORLDWIDECOVERAGE -INDEMNITY BASIS G.WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A.BROAD FORM NAMED INSURED The following is added ta Paragraph A.1., Who IsAn Insured, of SECTION II -LIABILITY COVERAGE: Any organization you newly acquire or fonn dur ing the policy period over which you maintain 50% or more ownership interest and that is notseparately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the or ganization or the end of the policy period, whichever is earlier. B_ BLANKET ADD!T!ONAL 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 -LOSSOF USE -INCREASED LIMIT I.PHYSICAL DAMAGE -TRANSPORTATIONEXPENSES -INCREASED LIMIT J.PERSONAL EFFECTS K.AIRBAGS 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 additional 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 II. C.EMPLOYEE HIRED AUTO 1.The following is added to Paragraph A.1.,Who Is An Insured, of SECTION II -LI·ABILITY COVERAGE: An "employee" of yours is an "insured" whileoperating 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 business. CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its pennssioo. Page 5 of 10 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 asan 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 ordamage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contractrequiring 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 oragreement. 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 coverage as an additional insured specifically isadded by another endorsement to this Coverage Part. f.This insurance does not apply to the rendering of or failure to render any "professionalservices". g.In the event that the Limits of Insurance of theCoverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required bythat "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 injury" or "property damage" caused by "your work" and included in the "productsrompleted operations hazard" unless the"written contract requiring insurance" specifically requires you to provide such coveragefor that additional insured, and then the insurance provided to the additional insured ap plies only to such "bodily injury" or "propertydamage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to providesuch 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 LIABILITYCONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, 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 additional insured under this Coverage Part must apply on a primary basis or a primary and noncontributory basis, this insurance is primary to other insurance available to the additional insuredwhich covers that person or organizations as anamed insured for such loss, and we will notshare with the other insurance, provided that: (1)The "bodily injury" or "property damage" forwhich coverage is sought occurs; and (2)The "personal injury" for which coverage issought 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, excess, 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 person or organization is an additional insured under any other insurance. 3.The following is added to Paragraph 8., TransferOf 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 ofpayments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, doneunder a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part ofthe "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 DEFINITIONS 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, provided 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 effect; and c.Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CGD3810915 lndudes the copyrighted material of Insurance Services Office, Inc., with its permission