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HomeMy WebLinkAboutKleinfelder Inc; 2017-11-21; TRAN1642TRAN1642 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR ENCINA DISCHARGE CHANNEL BRIDGE RAILING IMROVEMENTS KLEINFELDER, INC. , /1,I_HI~ -~q~~~MENT is made and entered into as of the :J / tfr-day of _\.--f~~ 1/lJ_ l.J-U~~ Yl..-U"CJ~ __ c..., ___ , 2017, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and KLEINFELDER, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in civil engineering. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-three thousand two hundred nine dollars ($23,209). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ten thousand dollars ($10,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 9/27/17 TRAN1642 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 9/27/17 2 TRAN1642 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 9/27 /17 3 TRAN1642 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Brandon Miles Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760.602.27 45 For Contractor Name -.Craig ~hannoA-/~r,t)~Pt. ga,,\\0iv-9e.o\l\ Title Project Manager q/1,'- Address 550 W. C Street, Suite 1200 San Diego, California 92101 Phone No. 619.831.4546 Email cahanneR@kleinfelder.com ~DC\\\\ ~Y'~€.O~ ql(t- Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 9/27/17 4 TRAN1642 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes pg. No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 9/27 /17 5 TRAN1642 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 9/27/17 6 TRAN1642 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KLEINFELDER, INC., a California corporation ~~)U (sign CITY OF CARLSBAD, a municipal corporation of the State of California By: ~1 L. ~-,:£.a- ~~---er i:' ,J ",; ,-1 /'4 ..,o,;;~ A 2...AD~ V ''-.:; ftLG'\, ~ G-,,.....-, (print name/title) Elaine Lukey/Public ~ Director as authorized by the City Manager (print name/title) ,. If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~ --CJE+e..:::p"---u-ty_C_i-ty_,_A_t-to_r_n-ey _ __,__ __ _ City Attorney Approved Version 9/27/17 7 PROJECT: CLIENT: DATE: KLEINFELDER SCOPE OF ENGINEERING SERVICES POWER PLANT DISCHARGE CHANNEL BRIDGE RAILING IMPROVEMENTS City of Carlsbad September 28, 2017 PROJECT DESCRIPTION Exhibit "A" This project proposes to install railing on the westerly and easterly sides of the Encina Power Plant Discharge Channel Bridge along Carlsbad Boulevard. Both sides will have security fencing and gates installed per plans. The easterly side will include integral chain link fencing, the sidewalk will be widened to meet current standards, metal beam guard rail will be installed on the approach side, and a water line will be replaced on the edge of deck. Currently, no vehicular bridge railing exists on either side of the bridge but chain link fencing and sidewalks are present on both sides of the roadway within the bridge limits. The channel provides for warm water discharge from the Encina Power Station into the Pacific Ocean. As- built drawings and the latest Caltrans maintenance report dated 2014 show the bridge was originally constructed in 1954 by SDG&E. Current ownership agreement between the City of Carlsbad (City) and SDG&E indicates the bridge is owned and maintained by the City. This scope of work prepared by the Kleinfelder consultant team is for the listed construction support services. 1.0 Project Management We will provide project management of the consultant design team during the construction phase though the completion of the listed services. We will prepare monthly progress reports with billing indicating the work accomplished. 2.0 Construction Support Services Kleinfelder and the civil subconsultant will attend the pre-construction meeting. We will assist the Resident Engineer by responding to construction phase RFls (up to 10) and review Contractor's shop drawing submittals (up to 5). Our support includes coordination with City inspection staff (up to 28 hours) and attending two (2) project meetings at the site. 3.0 As-Builts Kleinfelder and the civil subconsultant will prepare as-builts in conjunction with the Contractor-provided red -lined drawings. Stamped as-builts will be submitted directly to the City for record keeping. This effort includes attending site visits (up to 4) to ensure the work accomplished is consistent with the project plans and specifications and/or construction changes. l of2 4.0 ASSUMPTIONS Kleinfelder Power Plant Discharge Channel Bridge Railing Improvements Scope of Engineering Services September 28, 2017 The City will utilize Harris & Associates as Construction Manager. Harris & Associates will perform the special inspections required by the project. The City will coordinate access to the Encina Power Plant directly with property owner NRG. Access will be needed during construction activities. This project will have a disturbed area of less than one acre. Therefore, a Stormwater Pollution Prevention Plan (SWPPP) is not required. The removal and replacement of hardscape is less than 5,000 square feet. Therefore, the project is not a Priority Development Project and a Storm Water Management Plan (SWMP) is not required. The City will process the CCC CDP. , Construction staking is not part of this scope. Scaffolding/falsework submittal review will be the responsibility of the Construction Manager. Contractor will provide red-lined drawings for use in preparing the as-built plans. 2 of 2 Q,NFELDER ~ Bright People. Right Solutions. FIRM NAME 1.0 Project Manaaement 1.1 Project Management & Administration 2.0 Construction Suooort Services 2.1 Attend Pre-Construction Meetinq 2.2 Coordinate with Citv lnsoection Staff 2.3 Respond to Construction Phase RFls TASK ANALYSIS COST SUMMARY PER FIRM Kleinfelder $ - $ 2,250.00 SUBTOTAL TASK 1.00 $ 2,250.00 $ - $ 1,425.00 $ 2,230.00 $ 1,360.00 2.4 Review Contractor's Shop Drawinq Submittals $ 1,520.00 2.5 Attend Project Meetings/Site Vi sits $ 1,365.00 SUBTOTAL TASK 2.00 $ 7,900.00 3.0 As-Builts $ - 3.1 Attend As-Built Field Visits $ 3,045.00 3.2 Coordinate, Prepare, Submit $ 370.00 SUBTOTAL TASK 3.00 $ 3,415.00 TASK 1.00-3.00 SUBTOTAL $ 13,565.00 Direct Costs $ 505.00 BASE SCOPE TOTALS $ 14,070.00 1 of 1 Michael TOTAL Baker $ -$ - $ -$ 2,250.00 $ -$ 2,250.00 $ -$ - $ 740.00 $ 2,1 65.00 $ 2,220.00 $ 4,450.00 $ 1,840.00 $ 3,200.00 $ 1,480.00 $ 3,000.00 $ 1,120.00 $ 2,485.00 $ 7,400.00 $ 15,300.00 $ -$ - $ 360.00 $ 3,405.00 $ 1,080.00 $ 1,450.00 $ 1,440.00 $ 4,855.00 $ 8,840.00 $ 22,405.00 $ 299.00 $ 804.00 $ 9,139.00 $ 23,209.00 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 10/27/2017 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strate~es Company CONTACT Risk Strateoies ComDanv NAME: 2040 Main treet, Suite 450 PHONE 949-242-9240 I FAX Irvine, CA 92614 1/1/(' ..,n l=vt\; (A/C Nol: E-MAIL svounq@risk-strateqies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Continental Casualtv Comoanv 20443 INSURED INSURER B: Continental Insurance Comoanv 35289 The Kleinfelder Group, Inc. INSURER c: American Casualtv ComDanv of Readina, PA 20427 ~See Attached Named Insured Schedule) 50 West C Street, Suite 1200 INSURER D: Llovd's Syndicate 2001-Amlin AIIN #: AA1128001 San Diego, CA 92101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 38566283 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,ucn un,n POLICY NUMBER !MM/DD/YYYYl !MM/DD/YYYYl A 1-'L--COMMERCIAL GENERAL LIABILITY I 6024504483 4/1/2017 4/1/2018 EACH OCCURRENCE $$1 000 000 :J CLAIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES {Ea occurrence) $$100,000 MED EXP (Any one person) -$$15,000 PERSONAL & ADV INJURY $$1 000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $$2,000,000 Fl [ZjPRO-DLoc PRODUCTS -COMP/OP AGG $ $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 6024504466 4/1/2017 4/1/2018 COMBINED SINGLE LIMIT $$1,000,000 {Ea accident) -_,f__ ANY AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS 1-'L--HIRED J_ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B 1-'L--UMBRELLA LIAB H OCCUR 6024191497 4/1/2017 4/1/2018 EACH OCCURRENCE $ $1 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ $1 000 000 / DED I / I RETENTION $10,000 $ C WORKERS COMPENSATION 6024362247 (AOS) 4/1/2017 4/1/2018 I PER I I OTH-/ STATUTE ER AND EMPLOYERS' LIABILITY Y/N 6024362233 (CA) 4/1/2017 4/1/2018 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $$1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE -EA EMPLOYEE $$1 oon nnn If yes, describe under E.L. DISEASE -POLICY LIMIT $$1 000 000 DESCRIPTION OF OPERATIONS below D Professional Liability & LDUSA1703212 4/1/2017 4/1/2018 Each Claim: $1,000,000 Contractor's Pollution Liability Aggregate: $1,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Channel Bridge Railing Improvements, Agreement #TRAN1642. The City of Carlsbad is named as additional insured and primary/non-contributory clause applies to the general liability policy - see attached endorsement. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER CANCELLATION Cit6 of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pu lie Works De~t. ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Brandon Mi es, Assoc Eng 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE /'~'-:r--Carlsbad CA 92008 ) d':/:? / V ~.,,,./'_,.·") LA'.--t. . .,:;,-£.-... ,I'' , •.• I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 38566283 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young j 10/27/2017 12:48:00 PM (PDT) I Page 1 of 4 DESCRIPTION OF OPERATIONS CONTINUED: INSURED'S NAME: CERT HOLDER NAME: (Continued from Page 1) Named Insureds: The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates THE KLEINFELDER GROUP, INC. City of Carlsbad Trinity Engineering Testing Corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder West, Inc. Kleinfelder Central, Inc. GeoSystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder Southeast, Inc. S EA Consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint Venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting Services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan Consulting, Inc. Simon Wong Engineering, Inc. Omni Environmental, LLC A-1 Surveying OEI Consultants, Inc. Red Dog Technical Services, Inc. Hood Technical Services, Inc. Hood Resources Corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 943743 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. Kleinfelder Construction Services, Inc. 38566283 I 17-18 GL-AU-UL-WC-PL ($1m/$lm) *Standard Limits I Sherry Young I 10/27/2017 12:48:00 PM (PDT) I Page 2 of 4 Named Insured: The Kleinfelder Group, Inc. Palicy Number: 6024504483 Effective Date 4/1/2017 The In/lowing policy language is an excerpt from Jla/ley forge Insurance Company Commercial !Jenera/ Liability Coverage: This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers. takes effect on the effective date of said Policy at the hour stated in said Policy. unless another effective date is shown below, and expires concurrently with said Policy. ADDITIDNAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Caverage Part under a written contract or written agreement. provided such contract or agreement: (I) is currently in effect or becomes effective during the term of this Caverage Part: and (2) was executed prior to: (a) the badily injury or praperty damage: or (bl the offense that caused the persanal and advertising injury. for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy. including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement: or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. Engineers, Architects ar Surveyars Engaged By Yau An architect. engineer or surveyor engaged by the Named Insured. but only with respect to liability for badily injury, praperty damage or persanal and advertising injury caused ·1n whole or in part by the Named lnsured's acts or omissions. or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to badily injury. praperty damage or persanal and advertising injury arising out of the rendering of or failure to render any professional services by. on behalf of, or for the Named Insured, including but not limited to: 1. the preparing, approving. or failing to prepare or approve, maps. shop drawings, opinions. reports, surveys, field orders, change orders or drawings and specifications: or 2. supervisory, inspection. architectural or engineering activities. Lessar al Equipment Any person or organization from whom a Named Insured leases equipment. but only with respect to liability for badily injury. praperty damage or persanal and advertising injury caused. in whole or in part. by the Named lnsured's maintenance. operation or use of such equipment, provided that the accurrence giving rise to such badily injury. praperty damage or the offense giving rise to such persanal and advertising injury takes place prior to the termination of such lease. Lessar al Premises An owner or lessor of premises leased to the Named Insured. or such owner or lessor's real estate manager, but only with respect to liability for badily injury, praperty damage or persanal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured. and provided that the accurrence giving rise to such badily injury or praperty damage. or the offense giving rise to such persanal and advertising injury. takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by. on behalf of. or for such additional insured. State ar Gavernmental Agency ar Subdivisian ar Palitical Subdivisians -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for badily injury, praperty damage or persanal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns. rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction. erection, or removal of advertising signs. awnings, canopies. cellar entrances. coal holes, driveways. manholes. marquees. hoistaway openings. sidewalk vaults. street banners, or decorations and similar exposures: or b. the construction. erection, or removal of elevators: or c. the ownership. maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Badily injury. praperty damage or persanal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision: or b. Badily injury or praperty damage included within the praducts-campleted aperatians hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement. the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. ADDITIONAL INSURED -PRIMARY AND NDN-CDNTRIBLJTDRY TD ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance. then this insurance is primary. and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2 .. the additional insured's own insurance means insurance on which the additional insured is a named insured. Dthervvise. and notwithstanding anything to the contrary elsewhere in this Condition. the insurance provided to such person or organization is excess of any other insurance available to such person or organization. GENERAL AGGREGATE LIMITS DF INSURANCE -PER LOCATION A. A separate location General Aggregate limit. equal to the amount of the General Aggregate limit. is the most the Insurer will pay for the sum of: B. All 1. All damages under Caverage A. except damages because of badily injury or praperty damage included in the praducts-campleted aperatians hazard: and 2. All medical expenses under Caverage C. that arise from accurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate limit shown in the Declarations. nor the location General Aggregate limit of any other location. 1. Damages under Caverage B. regardless of the number of locations involved: 2. Damages under Caverage A. caused by accurrences which cannot be attributed solely to ongoing operations at a single location. except damages because of badily injury or praperty damage included in the praducts-campleted aperatians hazard: and 3. Medical expenses under Caverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location. will reduce the General Aggregate limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATIDN Provision. "location" means: 1. a premises the Named Insured owns or rents: or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints. designs, specifications or timetables, the location will still be deemed to be the same location. 38566283 j 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young I 10/27/2017 12:48:00 PM (PDT) I Page 3 of 4 For the purpose of determining the applicable aggregate limit of insurance. premises involving the same or connecting lots. or premises whose connection is interrupted only by a street roadway, waterway or right-of-way of a railroad shall be considereo a single location. D. The limits shown in the Declarations for Each Occurrence. for Damage To Premises Rented To You and for Medical Expense continue to apply. but will be subject to either the Location General Aggregate Limit or the General Aggregate limit depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided. any payments for damages because of bodily injury or property damage included in the products- completed operations hazard. regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATlaN Provision shall continue to apply as stipulated. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT I. For each single construction or service project away from premises the Named Insured owns or rents. a separate Project General Aggregate Limit equal to the amount of the General Aggregate limit shown in the Declarations. is the most the Insurer will pay for the sum of: A. all damages under Coverage A. except damages because of bodily injury or property damage included in the products-completed operations hazard: and B. all medical expenses under Coverage C: that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project Such payments shall not reduce the General Aggregate limit shown in the Declarations, nor the Project General Aggregate limit applicable to any other project II. All A. damages under Coverage B. regardless of the number of locations or projects involved: B. damages under Coverage A. caused by occurrences which cannot be attributed solely to ongoing operations at a single project except damages because of bodily injury or property damage included in the products-completed operations hazard: and C. medical expenses under Coverage C. caused by accidents which cannot be attributed solely to ongoing operations at a single project will reduce the General Aggregate limit shown in the Declarations. Ill. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply. but will be subject to either the Project General Aggregate limit or the General Aggregate limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project IV. When coverage for liability arising out of the products-completed operations hazard is provided. any payments for damages because of bodily injury or property damage included in the praducts- campleted operations hazard will reduce the Products-Completed Operations Aggregate limit shown in the Declarations. regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans. blueprints. designs. specifications or timetables. such project will still be deemed to be the same project VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. WAIVER OF SUBROGATlaN -BLANKET Under CONDITIONS. the condition entitled Transfer at Rights Of Recovery Against Others Ta Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: I. the Named lnsured's ongoing operations: or 2. your work included in the products-completed operations hazard. However. this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement. and only if such contract or agreement: I. is in effect or becomes effective during the term of this Coverage Part: and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. SEPARATION OF INSUREDS: Except with respect to the Limits of Insurance. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured. this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought NOTICE OF CANCELLATlaN: In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims). we agree to mail prior written notice of cancellation or material change to the Certificate Holder 30 Days advance notice. (Form G-15115A Ed.10/89) All other terms and conditions of the Policy remain unchanged. 38S66283 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young I 10/27/2017 12:48:00 PM (PDT) I Page 4 of 4