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HomeMy WebLinkAboutKleinfelder Inc; 2018-05-07; GS1686AGREEMENT FOR FALL PROTECTION ANCHOR STRUCTURAL EVALUATION AND LOAD TESTING SERVICES KLEINFELDER, INC. GS1686 AGREEMENT is made and entered into as of the J iJJ day of ___ _,_,-L.JL><-=-.F------' 2018, by and between the CITY OF CARLSBAD, a municipal y"), and KLEINFELDER, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional seNices of a firm specializing in structural engineering, material analysis, load testing and the regulatory compliance relating to the fall protection systems. B. Contractor has the necessary experience in providing professional seNices and advice related to the structural evaluation of concrete masonry units (CMU), concrete decking and the design of substructures that may be attached to these types of building structures. 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 seNices (the "SeNices") 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 SeNices, 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. 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 SeNices to be performed during the two-year (2) Agreement term shall not exceed twenty-three thousand five hundred dollars ($23,500). No other compensation for the SeNices will be allowed except for items covered by subsequent amendments to this Agreement. The City reseNes the right to withhold a ten percent (10%) retention until City has accepted the work and/or SeNices specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Fall Protection Anchor Structural Evaluation and Load Testing Services City Attorney Approved Version 9/27 /17 GS1686 6. 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. 7. 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against any claims, damages, losses and expenses including reasonable attorneys fees to the proportionate extent arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any Fall Protection Anchor Structural Evaluation and Load Testing Services 2 City Attorney Approved Version 9/27 /17 GS1686 subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Neither party shall be liable to the other for any consequential damages, including but not limited to, loss of profits, loss of use, incidental, indirect, exemplary, punitive, penal, multiple or other special damages. 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 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. 11.1.1 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. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Fall Protection Anchor Structural Evaluation and Load Testing Services 3 City Attorney Approved Version 9/27/17 GS1686 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 12. 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. 13. 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. 14. 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. The work product is not intended to be suitable for reuse by the City or others on extensions of the Project or any other project. Any re-use, without the prior written verification or adaptation by the Contractor for the specific purpose intended, will be at the City's sole risk and without liability or legal exposure to Contractor. 15. 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. 16. 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. Fall Protection Anchor Structural Evaluation and Load Testing Services 4 City Attorney Approved Version 9/27/17 For City Name Jason Kennedy Title Facility Manager Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-931-2236 GS1686 For Contractor Name John Moossazadeh Title Sr. Vice President Address 550 West C Street, Suite 1200 San Diego, CA 92101 Phone No. 1-619-831-4600 Email JMoossazadeh@kleinfelder.com 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. 17. 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~ No D 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. Fall Protection Anchor Structural Evaluation and Load Testing Services 5 City Attorney Approved Version 9/27/17 GS1686 21. 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTSAG~NSTCONTINGENTFEES 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. 23. 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. 24. 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. Fall Protection Anchor Structural Evaluation and Load Testing Services 6 City Attorney Approved Version 9/27/17 GS1686 25. 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. 26. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Fall Protection Anchor Structural Evaluation and Load Testing Services 7 City Attorney Approved Version 9/27/17 GS1686 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KLEINFELDER, INC., a California corporation (sign ) John Moossazadeh / Sr. Vice President (print name/title) By: John A Murphy I Chief Financial Officer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Publ' orks Director as authorized by tne City Manager JOhn 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: -------------Deputy City Attorney Fall Protection Anchor Structural Evaluation and Load Testing Services 8 City Attorney Approved Version 9/27/17 GS1686 EXHIBIT "A" SCOPE OF SERVICES The Contractor will provide additional site assessments, structural evaluations and design details to assist City with retrofitting fall protection anchor points on the residential and commercial training structures at the Carlsbad Safety Training Center. Contractor's current proposed drawings will require further review to ensure that there are no impacts to existing construction design. Alternative construction applications are to be discussed and researched to include design of a new anchor point rack at a location that will support technical rescue and rappelling for law enforcement and fire personnel. Task 1: Conduct additional site visits to evaluate and discuss safety issues with the current rappelling anchor locations in the residential and commercial training structures. Conduct detail review of current facility drawings and determine if there are any discrepancies that would change the existing design provided by Contractor. Task 2: Provide alternative options and details in drawings for fall protection anchors to be installed in existing window openings, on interior concrete masonry walls, and on the top floor concrete slab of the commercial structure. Task 3: Provide AutoCAD drafting and engineering calculations for the alternate options selected by the City. Follow-on load testing per OSHA requirements will also be conducted by Contractor after City completes future construction of fall restraint anchor points. JOB QUOTATION ITEM UNIT QTY DESCRIPTION FEES NO. Task 1: Conduct additional site visits to evaluate and 1 LS 1 review safety issues with the current rappelling anchor $1,200 locations. May require site visit to alternate locations for desiqn concepts applicable to technical rescue. 2 LS 1 Task 2: Provide alternative options details in drawings $5,135 for additional fall protection anchors. Task 3: Provide AutoCAD drafting and engineering 3 LS 1 calculations for the alternate point options selected by the $8,665 City. Task 4: Conduct pull testing of deck and wall mounted 4 LS 1 anchor points in accordance with OSHA regulations for fall $3,500 restraint protection after construction is complete. Provide certification report. Contingency: Additional funding to cover costs related to 5 LS 1 unforeseen issues during project and for rental equipment $5,000 reauired for Task 4. Total* $23,600.00 *Note: Total two-year contract amount not to exceed $23,500.00. Fall Protection Anchor Structural Evaluation and Load Testing Services 9 City Attorney Approved Version 9/27/17 ______, I DATE(MM/DDNYYY) AC:~RD"" CERTIFICATE OF LIABILITY INSURANCE 03/29/2018 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRE:SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INS,URED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Insurance services west, Inc. PHONE (866) 283-7122 I rffc. No.I: (800) 363-0105 Los An?eles CA office (AIC. No. Ext): 707 Wi shire Boulevard E-MAIL suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: The continental Insurance company 35289 The Kleinfelder Grouo. Inc INSURER B: National Fire Ins. Co. of Hartford 20478 550 west c Street, suite 1200 INSURER C: American casualty co. of Reading PA 20427 San Diego CA 92101-3532 USA INSURER P: Lloyd's syndicate No. 2001 AA1128001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 570070644307 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ,no~ TY!'E OF INSURANCE ,,.uu, JOUDn POLICY NUMBER ,r.i~~JvWvi ,r.i~'o~ LIMITS LTR INSD WYO B X COMMERCIAL GENERAL LIABILITY bU~/515853 U4/Ul/l0lt '04/u.1/2019 EACH OCCURRENCE $1,000,000 ,__ D CLAIMS-MADE 0occuR UAMA<St: TO t<t:N I t:U PREMISES tEa occurrence' $1,000,000 MED EXP (Any one pen,on) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0PR~ 0Loc POLICY X JECT PRODUCTS -COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6057515836 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $1,000,000 'Ea accident' -X ANY AUTO BODILY INJURY ( Per pen,on) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY '-AUTOS HIREDAlJTOS NON-OWNED PROPERTY DAMAGE -ONLY AUTOS ONLY /Per accidenll - A X UMBRELLA LIAB H OCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 -$2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE PED I X !RETENTION $10,000 C WORKERS COMPENSATION AND WC6057169108 04/01/2018 04/01/2019 XI PER I l~JH-EMPLOYERS' LIABILITY YIN (CA) STATUTE C mY PROPRIETOR/ PARTNER/ EXEClJTIVE ~ WC6057169111 04/01/2018 04/01/2019 E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) (AOS) E.L. DISEASE-EA EMPLOYEE $1,000,000 ii;i~~fi°b~ ~tgPERATlONS below E.L. DISEASE-POLICY LIMIT $1,000,000 D Env CPL/Prof PSDEF1800647 04/01/2018 04/01/2019 Each claim $2,000,000 claims-Made Policy Aggregate $2,000,000 SIR applies per policy ter Ins & condi ions DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if mon, space Is required) RE: ~rejects as on file w1th_the insured in~l~dinl but not 1imited to Job ~o. 2016180~. El Camino Real Bridge Widening. The.city of carlsbad/Cf:1WD.i~ incl~ded as Addi~io~a I~sured 1n accordanc~ with the policy provisions of the General Liabilit1 policy. The General L1ab1l1ty evidenced herein ,s Primary and Non-contributory to other insurance available to an Additiona Insured1 but only in a~cordance w1th the ~o1icy's provisions. A waiver 9f Subr9gation is granted in favor of the certificate Holder in accordance with the polic1 provisions of the workers compensation policy. See Attached for Notice of cancellation Provisions. see Attached for compete List of Named Insureds. CERTIFICATE HOLDER city of carlsbad/CMWD c/o EXIGIS Insurance compliance services P.O. BOX 4668 -ECM #35050 New York NY 10163-4668 USA CANCELLATION SHOULD All'f OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD . lL ID <( ... CII I;: :.. C ~ ... CII 'C 0 :c 0 z .!! ~ i;: t: CII 0 , AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance services west, Inc. The.Kleinfelder Group, Inc 1----------------..;._ _________ _, POLICY NUMBER see certificate Number: 570070644307 CARRIER see certificate ~umber: 570070644307 I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS . THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED SCHEDULE The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates 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 Ass9ciates, 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. : ... ,:, ... ..,;;.,:::,: Page_ of_ Red Dog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. -------927278 Alberta Ltd. l-94-3-7..39 Alberta Ltd o/a Hood Engineering 943743Mb"ert-a-Ltcj..,___ 950347 Alberta Ltd. oJa-ttood~ch 1833383 Alberta Ltd. -------- Kleinfelder construction Services, Inc. ------------Wells Environmental services, Pty Ltd. --Alliance Environmental Engineering & consulting Pty Ltd. -Insite Environmental, Inc. EcoBiological Pty Ltd. Littoria Pty Ltd. ---Lerista Pty Ltd. 1 Kowalski Engineering, Inc. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization de·scribed in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: \ (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal 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. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that 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. B. Co-owner of Insured Premises :..: ., ,.. r· , . ·-~. ; . A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in 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. CNA74858.XX (1-15) Page 2 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to rend.er 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. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or th.e offense giving rise, to such personal and· advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal 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. F. Lessor of 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 bodily injury, property damage or personal 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 occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal 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. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or re~s liability for bodJly injury, property damage or pe~sonal and advertising injury arising out of the · ''" "'Named·frisared!s-0wn~tshiptmainlenance:-or use of a premises· by a1 Named· ri;sured.·' ---·· ·· ' · · · The c_~verage wanted by ~t-apply-t0-.;8~1terations, new construction or demoht1on operations performed by, on behalf of, or for such add1t1onal insured. ~------ H. State or Governmental Agency or Subdivision or Political Subdivisions -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 bodily injury, property damage or personal 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 removai of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA74858XX (1-15) Page 3 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. the construction, erection, or removal of 13_Ievator_s; or C. the ownership, maintenan~e 0~ use ofany'elevalors'covere~fbythis insura.nce; Or 2. the permitted or authorized operations performed by a Named Insured or.on a _Named lnsured's behalf. • ' , t • • ' The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written _ .. ___ c;9r~_t~~ct -~~Jlf.Jt~.ern~_r:it., !_~~,,lr}_s~r~!.YJi_l( _t__r:~~~ -~-~,-~ ~ri~.~r!.~9~~tr;9:~l_~!:!¥, fl~Y~!!.'~~~1_!<;1_I_.P,e'!!l!t that_r,e,quires the Named Insured to add the governmental entity as an add1t1onal insured. I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions;' or ·. __ b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. . . . . . . ' . 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'$ 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 insurE)d's own insurance, then this insurance is primary, and the Insurer will not seek contribution from 1hat ·other ·insurance. For the· ptirpose oHhis-Provision-2;; the--additionaHnsured's own insurance means insurance on which the additional insured is a named insured. Otherwise, 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. 3. ADDITIONAL INSURED -EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or.her spouse is an insured; b. A_Partnership or joint venture, th~n its partners, members ~nd thei~ spouses are Insureds; c. A limited liability company, then its me_mbers and managers are·tnsureds; or CNA74858XX (1-15) Page 4 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided Linder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability tor: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising'inju'ry caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: · · 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or ------------B~-ablgher limit of insurance than required by the written contract. ---111. The insurance granted oythis--endorse~ to the additional insured does not apply to bodily injury, property damage, or personal and advertising injuryafiSing-out-of~ A. the rendering of, or the failure to render, any professional architectural, engine-ering,or-SUJYfil'ing services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which th~ additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured· has for arty loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. --. . .... Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy, CNA75079XX (1-15) Page 2 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA WORKERS COMPENSATION 1•~~ ····~····~~···· --==~---------------1 This endorsement changes the policy to which it is attached. It is agreed that Part One-Workers' Compensation Insurance G. Recovery From Others and Part Two- Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE-Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is ~l~_n_~~t~aiv~!~~f~..!:1})!9_g~!_i.<?_!1__!:>~~£~,ritij!_g_~gharge 2%. All other terms and conditions of the policy remain unchanged. ,------------------------------------·· ---------------------------------------- !This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, !takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another ieffective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy !unless anotherexpiration date __ is shown below. ------------------···--------------------------- --------------------------------------------~ Form No: G-19160-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No:[:---·=-·--.· Underwriting Company: :American' Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. ------- Policy No: WC6057169"i08_·- Policy Effective Date~; __ ----=-~:' 04/01/2018