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HomeMy WebLinkAboutKleinfelder-Simon Wong Engineering; 2017-05-24; TRAN1560 TRAN1560 General Counsel Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER CONSTRUCTION SERVICES, INC. This ratification of Amendment No. 2 and Amendment No. 3 is entered into and effective as of the _______ day of __________________, 2019, ratifying and extending the agreement dated May 24, 2017 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Kleinfelder Construction Services, Inc., a California Corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On September 13, 2017, the Parties executed Amendment No. 1 to extend and fund to the Agreement for an additional period of one (1) year, ending on September 28, 2018; and B. On September 10, 2018, the Parties executed Amendment No. 2 to extend and fund to the Agreement for an additional period of one (1) year, ending on September 28, 2019; and C. The Parties have continuously performed, and continued to perform, under the Agreement although the CMWD signatory to Amendment No. 2 lacked proper authority to sign; and D. The Parties desire to ratify Amendment No. 2 to the Agreement, retroactive to September 10, 2018; and E. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. Amendment No. 2 to the Agreement is hereby ratified, retroactive to September 10, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 27, 2020, on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. DocuSign Envelope ID: 34D6039E-9B2B-49EF-A0F9-63FAACCDC4E9 August27th TRAN1560 General Counsel Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) Scott Chadwick, Executive Manager George Pierson, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, Secretary Deborah Butera, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:_____________________________ Deputy General Counsel DocuSign Envelope ID: 34D6039E-9B2B-49EF-A0F9-63FAACCDC4E9 ABFGHHolder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020772415113462010307462051326265413074677261725777600727240013241331307340011752234530076727242035772000777777707000707007 7777777707070700073525677115456000722111506137213307022237243163111070333262531631110712333624207211107022337243162111070332262430631100702322624306311107133327242173010077756163351765540777777707000707007Certificate No :570075968205CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/17/2019 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 20478National Fire Ins. Co. of HartfordINSURER A: 35289The Continental Insurance CompanyINSURER B: 20427American Casualty Co. of Reading PAINSURER C: 24319Allied World Surplus Lines Insurance CoINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: The Kleinfelder Group, Inc 550 West C Street Suite 1200San Diego CA 92101 USA COVERAGES CERTIFICATE NUMBER:570075968205 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 POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $15,000 $1,000,000 $2,000,000 $2,000,000 A 04/01/2019 04/01/2020Y6057515853 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000B04/01/2019 04/01/2020Y Comp Deduct - $100 COMBINED SINGLE LIMIT (Ea accident) 6057515836 Coll Deduct - $100 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $2,000,000 $2,000,000 $10,000 04/01/2019UMBRELLA LIABB 04/01/20206057123519 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEC04/01/2019 04/01/2020 (CA) WC657169111C 04/01/2019 04/01/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A Y YN (AOS) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC657169108 Each ClaimPSDEF190064704/01/2019 04/01/2020 Claims-Made Policy $1,000,000Aggregate Env CPL/ProfD SIR applies per policy terms & conditions $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers' Compensation policy. Should General Liability and Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions. See Attached for Complete List of Named Insureds. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDAttn: Rhonda Heather1635 Faraday Ave.Carlsbad CA 92008-7314 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAMED INSURED SCHEDULE AGENCY THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: 570000071365 Aon Risk Insurance Services West, Inc. 570075968205 570075968205 Page _ of _ The Kleinfelder Group, Inc Kleinfelder, Inc. The Kleinfelder Group, Inc. Kleinfelder Holdings, LLC Kleinfelder Parent, Inc Kleinfelder Architecture Northeast, Inc. Kleinfelder Australia Pty Ltd Kleinfelder Canada, Inc. Kleinfelder Colorado 100, LLC Kleinfelder Construction Services, Inc Kleinfelder Engineering and Geology, P.C. Kleinfelder Guam 101, LLC Kleinfelder International, Inc Kleinfelder Kansas 100, LLC Kleinfelder New Mexico 100, LLC Kleinfelder Northeast, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder PNG Ltd.Kleinfelder Southeast, Inc. Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Kleinfelder Utah 100, LLC A-1, Inc.- Kleinfelder East, Inc. Buys & Associates, Inc. - TKG Corrigan Consulting, Inc.- TKG Insite Environmental, Inc.- Kleinfelder West, Inc. Kowalski Engineering, Inc.- Kleinfelder Central, Inc. MCE Group, Inc.- Kleinfelder, Inc. Omni Environmental, LLC- Kleinfelder East, Inc. Spectrum Exploration, Inc.-TKG The Wallace Group, Inc. - Kleinfelder West, Inc. TKG Acquisition Corp. Trigon Environmental Services, Inc. Simon Wong Engineering ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement CNA74858XX (1-15) Policy No: 6057515853 Page 2 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2019 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. ADDITIONAL 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 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 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 Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a.in connection with the Named Insured's premises; or b.in the performance of the Named Insured's ongoing operations. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement CNA74858XX (1-15) Policy No: 6057515853 Page 3 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2019 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 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. 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 Insured's maintenance, operation or use of such equipment, 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. 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 receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. 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. 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 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 CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement CNA74858XX (1-15) Policy No: 6057515853 Page 4 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2019 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 Insured's behalf. 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 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. I. Trade Show Event Lessor 1.With respect to a Named Insured'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 Insured's acts or omissions; or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured'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'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. 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, then its partners, members and their spouses are Insureds; c.A limited liability company, then its members and managers are Insureds; or CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Policy No: 6057515853 Page 1 of 2 Endorsement No: 3 National Fire Insurance Of Hartford Effective Date: 04/01/2019 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under 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 for: A. unless paragraph B. below applies, 1.bodily injury, property damage, or personal and advertising injury 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 Insured’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. a higher limit of insurance than required by the written contract. III.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying 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 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Policy No: 6057515853 Page 2 of 2 Endorsement No: 3 National Fire Insurance Of Hartford Effective Date: 04/01/2019 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 the 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 any 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. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 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 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 effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Endorsement No: 4; Page: 1 of 1 Policy No: WC 6 57169108 Policy Effective Date: 04/01/2019 Policy Page: 37 of 56Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Form No: G-19160-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. 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 effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Endorsement No: 23; Page: 1 of 1 Policy No: WC 6 57169111 Policy Effective Date: 04/01/2019 Policy Page: 207 of 324Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Copyright 1983 National Council on Compensation Insurance. TRAN1560 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER CONSTRUCTION SERVICES, INC. This Amendment No. 2 is entered into and effective as of the ________ day of _______________________________, 2018, extending and amending the agreement dated May 24, 2017 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Kleinfelder Construction Services, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On September 13, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for an additional period of one (1) year, ending September 28, 2018. B. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2019, on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 705EE330-517D-4778-85D8-073E5679A1DB September 10th TRAN1560 General Counsel Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) For Scott Chadwick Executive Manager George Pierson / President (print name/title) ATTEST: By: (sign here) For Barbara Engleson Secretary Deborah Butera / Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:_____________________________ Deputy General Counsel DocuSign Envelope ID: 705EE330-517D-4778-85D8-073E5679A1DB DAE(MMIODJYYYY) 1CERTIFICATE OF LIABILITY INSURANCE 03129/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. M IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services West, Inc. -NE ZLosAnels A ffcePACONOE~ (866) 283-7122 FAX (800) 363-0105 0LO nee Aofc AC o x) (A/C. No.): 707 Wilshire Boulevard E-MAIL suite 2600 ADDRESS:0 LSAglsA901040UAINSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: The Continental insurance Company 35289 The Kleinfelder GrouD. Inc INSURER B: National Fire Ins. Co. of Hartford 20478550 West C Street, Suite 1200 San Diego CA 92101-3532 USA INSURER C: American Casualty Co. of Reading PA 20427 INSURER D: 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INRTP F NUAC ADDLUR OIC: POLICY EFF POLICY EXF IMTILTR TPOFISRNEINSO WVo PLCNUMBER IflMf (ggYYYY) m ODMLIIT 1B X COMMERCIAL GENERAL LIABILITY 6057515653 04/01/2018 8407w 01 EACH OCCURRENCE $1,000,000 CLAMS-AD OCURDAMAGE To RENECLAIM-MADE OCCURPREMISES (Ba ccrrnce) $1, 000,000 MED EXP (Any one person) $15,000 PERSONAL a ADv INJURY $1,000,000 IS GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POIY ECTr F LOC PRDUCTS- COMP/OP AGG $2,000,000 '0 OTHER: A AUTOMOBILE LIABILITY 6057515836 04/01/2018 0J4/01/2019 COMBINED SINGLE LIMIT$10,00 (Ea accident) $ ,0 ,0 XANY AUTO EODILY INJURY (Per person) 0zOWNED SCHEDULED BODILY INJURY (Per accident) aAUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY (Per accident) r A X UMBRELLA LIAB XOCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 L.) EXCESS LIAB CLAIMS-MADE AGGREGATE $2 ,000 ,000 FDED IX IRETENTION $10, 000 C WORKERS COMPENSATION AND WC6057169108 04/01/2018 04/01/2019 P SER 0TH- EMPLOYERS LIABILITY Y/N (CA) X SATUTE I ER C ANY PROPRIETOR / PARTNER I EXECUTIVE F1.EC ACDN $,0,0C OFFICERIMEMEER EXCLUDED? N9 N/ A wc6057169111 04/01/2018 04/'01/2019ELAHCDNT$0000 (Mandatory in NH) (ADS) E.L. DISEASE-EA EMPLOYEE $1,000,000If yes, describe underIDESCRIPTION OF OPERATIONS 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 s & conditions DESCRIPTION OF OPERATIONS)/ LOCATIONS ( VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Projects as on file with the insured including but not limited to Job No. 20161803, El Camino Real Bridge widening.The city of carlsbad/CMWD is included as Additional insured in accordance with the policy provisions of the General Liability policy. The General Liability evidenced herein is Primary and Non-contributory to other insurance available to an AdditionalInsured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of the certificateHolder in accordance with the policy provisions of the workers compensation policy. see Attached for Notice of cancellationProvisions. See Attached for CompLete List of Named Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Carl sbad/CMWD AUTHORIZED REPRESENTATIVE WLC/o EXIGIS Insurance compliance services P. o. Box 4668 -ECM #35050 New York NY 10163-4668 USA , @1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071365 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Aon Risk Insurance services West, Inc. The.Kleinfelder Group, Inc POLICY NUMBER see certificate Number: 570070644307 CARRIER NAI CDE ________________________________ see certificate Number: 570070644307 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.L GeoSystems Engineering, Inc. Kleinfelder Enigineering, P.C. Kleinfelder southeast, Inc. S E A 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 Envi ronmental, LLC A-i surveying OEI Consul tants, Inc. Red Dog Technical Services, Inc. Hood Technical services, Inc. Hood Resources Corp. 927278 Alberta Ltd. 94--739_Alberta Ltd 0/a Hood Engineering943743-4 Abert-a-Ltd. 950347 Alberta Ltd-o/a-Hood Tech 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. Kowalski Engineering, Inc. ACORD 101 (2008/01) (D 2008 ACORO CORPORATION. All rights reserved. The ACORD name and logo are regiatered marka 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 described in paragraphs A. through 1. 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 oragreement: (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 1. 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 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 Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. CNA74858XX (1 -15) Policy No: 6057515853 Page 2ofl18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2018 Insured Name: THE KLETNFELDER GROUP, INC. Copyright ONA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA 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 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. 0. 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 Insured'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 receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the 1mah nNa0- -0 use bf a iren~iises'-by a'NAmedInured......... The coverage granted by this paragraph does not-applyto-s ucra-lalterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.- H. State or Governmental Agency or Subdivision or Political Subdivisions -Perm'its 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 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 CNA74858XX (1 -15) Policy No: 6057515853 Page 3 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2018 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. the, construction, erection, or removal of elevators; or, c. the ownership, mainten ance or use of anyelevdtors covered by this insurance; or 2. the permitted or authorized. operations performed' by a Named Insured or on a Named Insured's behalf. 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 contract or agreement, the Insurer will treat as a written contract any governmental permit that rqie h Named Insured to addt ovr entity as an aditiona insured. 1. Trade Show Event Lessor 1. With respect to a Named Insured'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 Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured'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'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-insu red'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, then its partners, members and their spouses are Insureds; c. -A limnited liability com pany, then- its mem bers% and managers are -Insu reds; or CNA74858XX (1-15) Policy NO: 6057515853 Page 4of 18 Endorsement No: 1 NATIONAL FIRE INSURANICE OF HARTFORD Effective Date: 04/ 0 1/ 2 018 Insured Name: THE KLEINFELDER GROUP, INC. Copyright ONA 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 under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1.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 for: A. unless paragraph B. below applies, 1. bodily injury, property damage, of personal and advertising' injufry 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 Insured'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 CG201 0 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.-_ahJgher limit of insurance than required by the written contract. III Th inurace raned y his-endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury aring-out-o A. the rendering of, or the failure to render, any professional architectural, engineering-or-surveying 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) Policy No: 6057515853 Pagel1 of 2 Endorsement No: 3 National Fire Insurance Of Hartford Effective Date: 04/01/2018 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNV A 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 the 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 any logs 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) Policy No: 6057515853 Page 2of 2 Endorsement NO: 3 National Fire Insurance Of Hartford Effective Date: 04/01/2018 Insured Name: THE KLETNFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wth its permission. C'NA WORKERS COMPENSATION .~~~ .. ........ .. ... -l ....* .......-- --..... 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 isj Blake Surgo Pecntage Charge 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 effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: WC60571%9108 ___---Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: Endorsement No:L --' or 04/01/2018 Underwriting Company: American Casat Copany of Reading, PA ©Copyright CNA All Rights Reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 5208 TRAN1560 This COND Pr ject Task Descri tion and Fee Allotment, is entered into on Q_ "-·, SL,'-. " , ) / .,. , pursuant to an Agreement between Kleinfelder Construction Servic s, Inc., a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated May 24, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. Contractor shall provide inspection services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2015 Edition and the supplements thereto as published by the "Green Book" Committee of Public Works Standards for the Recycled Water Phase Ill -Segment 9 Project, (the "Project"). The Project services shall include inspection and construction management services as outlined in the attached proposal dated September 1, 2017, Appendix "A". PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 30 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 140 working days thereafter. Working days are defined in section 6-7. 2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager or General Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $129,464.00. General Counsel Approved Version 7/19/17 1 TRAN1560 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing. rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT INSPECTION SERVICES FOR RECYCLED WATER PHASE 111-SEGMENT 9 CLASS/FICA T/ON Senior Inspector Senior Project (Straight Inspector Manager Time) (Overtime) TASK: Inspection I Services RATE: $192.00 $148.00 $178.00 FEE 1.1 Review PS&E and Prepare Files 2 16 0 $2,752.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 12 140 0 $23,024.00 1.4 Perform Field Inspection / Documentation 0 650 0 $96,200.00 1.5 Complete Final Reports/ Closeout Files 2 40 0 $6,304.00 TOTAL (Not-to-Exceed) 16 854 0 $129,464.00 Total Hours: 870 $129,464.00 Ill Ill Ill Ill Ill General Counsel Approved Version 7 /19/17 2 TRAN1560 If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: KeJin Crawford I Exe6utive Manager / APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY:_%~~--~- Deputy General Counsel Date: __ ....,I,?"--· S_· ,_, _____ _ General Counsel Approved Version 7/19/17 3 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION The undersigned certify that: 1. They are the president and the secretary, respectively, of Simon Wong Engineering, Inc., a California corporation. 2. Article I of the Articles oflncmvoration of this cmvoration is amended to read as follows: The name of this corporation is Kleinfelder Construction Services, Inc. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the Board of Directors. 4. The foregoing amendment of Articles of Inc01voration has been duly approved by the required vote of shareholders in accordance with Section 902, California Corporations Code. The total number of outstanding shares of the corporation is 145,039 shares. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. We further declare under penalty of pe1jury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. Dated: September 2017 ~ l KL£/NFl=LDl=R ~ September 1, 2017 City of Carlsbad /V/\V/\ Simon Wong Engineering Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: John Maashoff, P.E. Public Works Manager Appendix "A" SUBJECT: Recycled Water Phase Ill Pipeline Expansion Segment 9 (Contract No. 5208) - Construction Management and Inspection Services Dear Mr. Maashoff: Kleinfelder I Simon Wong Engineering (KLF I SWE) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Recycled Water Phase Ill Pipeline Expansion Segment 9 project. We are proposing the following personnel to manage the project: • Mark Plotnikiewicz -Project Manager/Schedule Reviews • Tim Loveridge -Civil Inspector Mr. Plotnikiewicz has 26 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple project with the City of Carlsbad and thoroughly understands the City's processes. Mr. Loveridge has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has recently completed several successful projects with the City of Carlsbad. His roles will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Loveridge are attached for your review. SWE possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 90 working days. Monday through Friday will be considered the working days on the Project based on Section 6-7.2 of the General Provisions in the contract documents. We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. ~ ( KLc/NFELDER ·~ /V/\V\ Simon Wong Engineering Please contact us if you have any questions or need additional information. Sincerely, IL:s)il~ Hank Gentile, P.E. Kleinfelder I Simon Wong Engineering Attachment Appendix "A" c:-;;,NFELDER /V/\V\ ~-Simon Wong Engineering KLEINFELDER!SIMON WONG ENGINEERING SCOPE OF ENGINEERING SERVICES Appendix "A" PROJECT: CLIENT: Recycled Water Phase Ill Pipeline Expansion Segment 9 (Contract No. 5208) City of Carlsbad DATE: September 1, 2017 PROJECT DESCRIPTION The project consists constructing 6-inch and 8-inch recycled water lines and appurtenances at three locations -Avenida Encinas, Ponto Drive, and Navigator Circle. The project includes the following work items: • Preconstruction videos and photographs • Potholing/utility location Excavation support systems Traffic control SWPPP (LUP Tier 2) • 6" C900 PVC DR 18 recycled waterline 8" C900 PVC DR18 recycled waterline • 2" water services • Fill station • Gate valves Blow offs ACP replacement with PVC Air release assemblies • Air-vacuum valve assemblies Asphalt concrete • Aggregate base All excavation work on Navigator Circle will require cultural and archeological monitoring. All work within the Poinsettia Lane and Avenida Encinas intersection and the Avenida Encinas and Ponto Drive intersection shall be completed prior to April 30, 2018. CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KLFISWE will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, and submittals. Attendees will include SWE, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. SWE will prepare a sign-in sheet and minutes of the meeting. ~ ( KLEINFELDER /V/\V\ Appendix "A" ~' Simon Wong Engineering Task 1.3 Perform Construction Management and Administration KLFISWE will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KLFISWE's Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include SWPPP, baseline schedule, traffic control plans, shoring, and waterline lay sheets, and AC mix design. • Baseline Schedule: KLFISWE's Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. SWE will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KLFISWE's Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KLFISWE will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KLFISWE will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KLFjSWE will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KLFISWE will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KLF I SWE will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KLFjSWE is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. /V/\V/\ Appendix "A" Simon Wong Er,gineering • As-Built Drawings: KLFISWE will maintain redline As-Built Markup Plans during the progress of the project. KLFISWE will provide the City of Carlsbad with the red lined markups maintained during the course of the project that can be utilized in the preparation of final "As- Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. Task 1.4 Perform Field Inspection and Documentation KLFISWE will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: • Inspection: KLFISWE will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KLFISWE will ensure that the Contractor's work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KLFISWE prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KLFISWE will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KLF!SWE's Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. TRAN1560 AMENDMENT NO. 1 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (KLEINFELDER-SIMON ,WONG ENGINEERING) b This Amendment No. 1 is entered into and effective as of the l,'.!Ji::½--day of ~\A ...,f'"' , 201±., extending and amending the agreement dated May 24,217(the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and KLEINFELDER-SIMON WONG ENGINEERING, a California corporation, ("Contractor") (collectively, the "Parties") for as-needed horizontal construction management and inspection services. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2018, on a time and materials basis not-to-exceed three hundred thousand dollars ($300,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill /II Ill Ill Ill General Counsel Approved Version 1/30/13 TRAN1560 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KLEINFELDER-SIMON WONG ENGINEERING, a California corporation (sign f l J ·CTc b (\ 1tA -'-' c· J s c.. ·2t, ~ e. ~, V r (print name/title) ' ·~. ~ (sign her~ ,i)!J,,.J1Ji l).,./-u1cc , ~ c.f ..(., fu.~- (pri nt name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ATTEST: Barbara Engleson, Secreta If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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, General Council (, /_. ~ii,/\ BY: _ __,_~ ____ t-1,4,,_'i_._,-'----- Deputy General Council General Counsel Approved Version 1 /30/13 2 ~RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 5/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDmONAL 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 Strateqies ComDanv NAME: 2040 Main treet, Suite 450 PHONE 949-242-9240 I FAX Irvine, CA 92614 I 4/C No Evtl: IA/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 ComDanv 20443 INSURED INSURERB: Continental Insurance Comoanv 35289 The Kleinfelder Group, Inc. INSURER c : American Casualtv Comoanv of Readina PA 20427 ~See Attached Named Insured Schedule) 50 West C Street, Suite 1200 INSURERD: Lloyd's Svndicate 2001-Amlin AIIN #: M1128001 San Diego, CA 92101 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 35390667 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 POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE l•••~n '"n,n POLICY NUMBER fMMIDD/YYYYl fMMIDD/YYYYl A ...L COMMERCIAL GENERAL LIABILITY I 6024504483 4/1/2017 · 4/1/2018 EACH OCCURRENCE $ $1,000,000 ....__ D CLAIMS-MADE w OCCUR ~~~~~iJ9la~~~~~ence 1 $ $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 POLICY 0 rr& DLOC PRODUCTS -COMP/OP AGG $ $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 6024504466 4/1/2017 4/1/2018 COMBINED SINGLE LIMIT $ $1,000,000 ~ (Ea accident) ...L ANY AUTO BODIL y INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY ~ AUTOS ...L HIRED ....:L NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B ...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 OED 1 / 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 YIN 6024362233 (CA) 4/1/2017 4/1/2018 ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $1,000,000 D Professional Liability & LDUSA1703212 4/1/2017 4/1/2018 Each Claim: $1,000,000 Contractor's Pollution Liability Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Job No. 20161803, El Camino Real Bridge Widening. City of Carlsbad and CMWD are named as additional insureds and primary/non-contributory clause applies to the general liability policy - see attached endorsement. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contract Department ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE ,,.---~ )/4/,/ ,<-/' -,::-;;-"' \ 7-- :f/ <3 LA'./4-5--?-,:. .. --.. ,v .,.-.-··. I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 35390667 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young I 5/1/2D17 2,57,50 PM (PDT) I Page 1 of 4 / . ',, ' . ' . CERT HC>lDERNAM(:: (Continued from Page 1) City bf ctins~~ci . Contra¢tIJep~rtffi~nt Named Insureds: The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing Corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder West, Inc. Kleinfelder Central, Inc. GeoSystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder Southeast, Inc. S E A Consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint Venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting Services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan Consulting, Inc. Simon Wong Engineering, Inc. Omni Environmental, LLC A-1 Surveying OEI Consultants, Inc. Red Dog Technical Services, Inc. Hood Technical Services, Inc. Hood Resources Corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 9437 43 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. 35390667 \ 17-18 GL·AU-UL-WC-PL ($lm/$lm) •sta.'tdard Limits \ Sherry Youug I 5/1/2017 2,57,50 PM (PCT) I Page 2 of 1 Named Insured: The Kleinfelder Group, Inc. Policy Number: 6024504483 Effective Date 4/1/2017 The In/lowing policy !ang//f!!JE is an excerpt from Ya!ley forge Insurance Company Commerdel General liability Covf!/'3ge: This endorsement which forms a part of and Is for attachment to the Policy Issued by the designated Insurers, takes effect an the effectr,e date of said Policy at the hour stated in said Policy, unless anather effective date is shown below, and expires cancurren~y with said Policy, Miti.lf1ijij!Cl@~REris a. WHO IS AN INSURED is amended to include as an lnsural any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional Insured an this Coverage Part under a written contract or writ!En agreement provided such contract or agreemeni: (I) is currently in effect or becomes effective during the term of this Coverage Part and (2) was executed prior to: (a) the bndily injury or property damage: or (h) the offense that caused the personal and advertising injury. fur which such additional insured seeks coverage. b. However. subject always lD the terms and conditions of this policy. including the limits of insurance, the Insurer will not provide such additional insured with: (I) 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 L below, Any coverage granted by this endorsement shall app~ ody to the extent permissible by law, Engimrers, Architects ar Surveyors Engaged By Yau An architect engineer or surveyor engaged by the Named Insured, but only with respect tn liability fur bodily injury. property damage or personal and advertising injury ca~sed in whole or in part by tie Named lnsured's acts or omissions, or the acts nr omissions of those acting on the Named lnsured's behalf: a in conn.e.ction with th_e Na!11~JI1sui:ed'.; p~mises: o~ b. in the performance of the Named Insured' s ongoing uperations. But the coverage hereby granted tn such additional insureds does not apply to bndily injury. property damage or personal and advertising injury arising out d the rendering of or failure Ill render any prnfussional services by. on behalf of. or for the Named Insured, including but not limited to: I. the preparing, approving, nr failing to prepare or approve. maps. shop drawings, opinions, reports. surveys, field orders. change orders or drawings and specifications; or _ , 2, supervis_ory, inspection. architectural or engineering activities, U?llSl!rafl:!ju)pll)!lnt A~y person or organizaticn from whom a Named Insured leases equipment but only with respect to liability for bodily injury, prnperty 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 dam~ or the offense giving rise to such pl!l'snnal and advertising injury takes place prior to the termination of such lease. ~esiillr of flremises An owner or lessor of premises leased tn 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 s:ich 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. ~ate nr Buvemmental Agem:y or Subdivision or Politir:ai S~bdivi~s :_ P~ A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only wiih respect to such state or governmental agency or subdivision nr political subdivision's liability for bodilv injury, property damage or personal and advertising injury arising out at. I. 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, awnh1gs. canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway cµenings, sidewalk vaults, street banners, or decorati:Jns and similar exposures; or h. the constrJction, erection, or removal of elevators; or c. the ownership. maintenance or use of any elevators covered by this insurance: or 2. the pecmitted or authorized operations performed by a Named lnSlll'ed or an a Named lnsured's behalf The coverage granred by this paragraph does not apply tn: a Bodily injury, praperty damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdiv;sinn or political subdivision: or b. Budily injury or property damage included within the praducts-campleted aperatinns hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract er agreement the Insurer will treat as a written contract any governmental _ . . .... , , fl.~r:71it that re~uir,~s .the.~~me~ .. 1.~~,!'!'.",d.lll._a,~.d the, goy~rnmental entity as an -~·dditi.onal lnsurad. a@fflDl,W. l~SllllEB . PRIMAR\' AND NDN-CDNTR!BUTDRY m ADDITIDNAI. INSUlml'S INSURANCE foe lither Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITlllNS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that t'iis insurance is primary and non·contributori ralative to an additional insured's own Insurance, then this ins-Jrance is primary. and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional lnsured's own insurance means insurance on which the additional insured is a nair.ad insured. Otherwise, and nciwithsianding anything to the contrary elsewhere in this Condition. the insurance provided to such person nr organization is excess of arry other insurance available to such µerson or organizetlcn. riElfERAL AGGREBAfEi1t.1rrs IiFINSllRANCE : PERtlltiiitIN .. -A. A separate location General Agg~gate limit. equal to the amount of foe General Aggregate limit Is the most the Insurer will pay for the sum of: B. All: I. All damages under Coverage A. except damages because of bodily injury or property damage induded In the prarlucts·campleted operations hazard: and 2. All medical expenses under Coverage C. that arise from occurrences or accid~nts which can be attribured solely lo or.going operations at thai laoa:ion. Such µayments sheli not reduce the General Aggregate limit shown in the Declarations. nor the Lccation Be:iaral Aggregate limi! of any other location. I. llamages under Cnverage B. regardless of the number of locations involved; 2. Damages under Coverage A, caused by accurrences which cannot he attributed solely to ongoing operations at a single location. excep! damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by a:oldents 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 llENERAL A6!iREllATE LIMITS OF INSURANCE· PER LaCATlllN Provision. "location" means: 1. a premises the Mamed Insured owns or rents: or 2. a preJ:Jises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If ope,ations at such a location have been discontinued and then restarted. or if t.~e authorized parties deviate from plans, blueprints, designs. specifications or timetables. the location wiil still be deemed to he the same location, 35390667 ] 17-18 GL-AU-DL-WC-PL ($lm/$lrr.) *S\:andard Li!!!its j Sherry Young ] 5/1/2017 2:$7:SO W. {PD"l') ] Page 3 of 4 For the purpose of determining the applicable aggregate limit of insurance, premises involving tie same or connecting lots. or premises whose connectim is interrupted only by a street roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shewn in the Declarations fur Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to ert.iuir the Location General Aggregate Umit or the General Aggregate limit depending on whether the m:&11rrence can be attributed solely to ongoing operations at a particular location. E. \'/hen coverage for liability arising out of the prmlm:ts·completed operations hazard is provided, any payments for damages because of boddy injury or property damage included in the products- completed operalians hazard, regardless of the number of locations involved, will reduce !he Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS DF INSURANCE not otherwise modified by this GENERAi. ASSREllATE LIMITS DF INSURANCE -flER LDCATIDN Provision shall continue to apply as stipulated. liENERAiAGGRESATEiiMITSDFJNSURANcl: ~-·PER PROJEt:T L Far each single construction or service project awe'/ 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 t'1e 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 reduc£ the Genel"31 Aggregate limit shown in the Declarations, nor the Project General Aggregate limit applicable to any ot'rnr project IL All: A. damages under Coverage B, regardless of the number of locations or projects involved: B. damages under Coverage A, caused by occurrences which cannct be attributed solely to ongoing operatiar.s at a single project except damages because of bodily injury ar 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 tha General Aggregate Limit shown in the Declarations. Ill. The limits shown in the Declarations fur Each Occurrence, for Damage To Premises Rented To You and far Medical Expense continue to apply, but will be subject to either the Project General Aggregate Umit or the General Aggregate Limit shown in the Declarations. depending on whether the m:currence can be attributed solely to ongoing operations at a particular project. IV. Whan coverage for liability arising out of the products-completed operations hazard is µrovided. any payments for damages because of bodily injury or property damage included in the products- completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the numbor of projects illValved. V. if a singie 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 :imetables, such project will still be deemed to be the same prnject VI. The provisions of LIMITS DF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated, WAIVER DF SU!i_lIDCiAiJD.N. · Bl.Ag Under CDNDITTDNS. the condition entWed Transfer Df Rights Df Recovery Against Others To Us is amended to add the following: The l~~u~erw~ives any ~ight of recovery the Insurer may have against any person or organiZJrtion because of payments the Insurer makes for injury or damage arising out of. I. the Named IJJSUred's ongoing operatillns; or Z. yn!ll'viork ir;cludedin the produc!s~C!l!IJPleted DperatillllS lmard: However, this waiver applies only when the Named Insured has in writing tn waive such rights of recovery in a written contract or wr.tten agreement and only if such cont-act or agreement 1. is in effect or becomes effective during the term of this Coverage Part; and _ ?,_'llas._e!ec~ted ~~er to the bndily injury, property damage or personal and advertising injury giving rise lo the claim. SEPARATIDN OF INSUREDS: Excep!with respectto the Limits uf 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 werB the only Named Insured; and IL Separately to each insured against whom claim is made or ·suit" is brought. NOTICE OF CANCEllA TIDN, In the event of canc~"ilation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregille limits through payment uf claims), we agree to mail prior written notice of cancellation or material change to the Certific-ate Holder 30 Oays advance notice. (Fnrm G-15115A Ed. I0/89) All other terms and conditions of the Policy remain unchanged. 35390667 I 17-18 GL-A1J-UL-WC-PL ($lm/$lm) •Sta:1dard Limits I Sher:cy Young I 5/1/2017 2,57,50 PM (PDT) I Page 4 of 4 TRAN1560 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 McCLELLAN-PALOMAR AIRPORT APRON REPAIR PROJECT NO. 3904-A This . ..1§.t Project ;:ras� Description and Fee Allotment, is entered into on, · ) Lt f\ g_ Y . , QI 1 , pursuant to an Agreement between Kleinfeira'er-Simon Wong/Engineering, a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated May 24, 2017, (the "Agreement"), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide inspection services in accordance with the City of CarlsbadEngineering Standards, 2016 Edition, the Standard Specifications for Public WorksConstruction, 2015 Edition and the supplements thereto as published by the "Green Book"Committee of Public Works Standards for the McClellan-Palomar Airport Apron Repair Project, (the "Project"). The Project services shall include inspection of subgradepreparation, subbase placement and final paving of approximately 2800 SF of apron area. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by theExecutive Manager or General Manager and a Purchase Order from the City's PurchasingDepartment, constitutes notification to proceed to the Contractor. Contractor shall beginwork within 2 working days after receiving this fully executed document and a CityPurchase Order. Contractor shall complete the work within 25 working days thereafter.Working days are defined in section 6-7.2 'Working Day" of the Standard Specificationsfor Public Works Construction (Green Book). In no event shall Contractor work beyond theterm or authorized compensation of the Agreement, as amended by this Project TaskDescription and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1.Progress payments shall be based on a time and materials basis. Appendix "A",attached, prepared by Contractor and reviewed by CMWD, shows the parties' intent as tothe elements, scope and extent of the task groups. Contractor acknowledges thatperformance of any and all tasks by the Contractor constitutes acknowledgment byContractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $11,760. 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state General Counsel Approved Version 8/3/16 1 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill TRAN1560 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. General Counsel Approved Version 8/3/16 2 TRAN1560 TABLE 1 FEE ALLOTMENT INSPECTION SERVICES FOR PAVING AIRPORT APRON AREA, PROJECT NO. 3904-A TASK GROUP TIME & MATERIALS PROJECT ADMINISTRA TINO AND INSPECTION SERVICES $9,320 PROJECT CLOSE OUT TOTAL (Not-to-Exceed) CONTRACTOR Kleinfelder-Simon Wong Engineering ign here) . ::r;.,01 "'-s ho.sf-JV? Pr"ll rJli'lq.J.. (print name/title) j -h-o.s-1 o kl ei" fe I tkr. "'"" (e-mail address) $2,440 $11,760 Kleinfelder-Simon Wong Engineering (name of Contractor) By~~~ (sig~ C4.v-l ]). LovJwtt..£11 Ass+. Secvt-ta-vy (print name/till ./ c..low'Vltl.411@Kk.il/4+e..{J-ev-. CoM (e-mail addres's) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad ~~1(A _ By: tf17/ ~ Date: -----------Elaine Lukej/Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: ---"(k-'-""":,,,;"",;,,:""z'""~'-&a"""'~"'""'-.J----Deputy General Counsel General Counsel Approved Version 8/3/16 3 SCOPE OF WORK: Appendix "A" Kleinfelder -Simon Wong Engineering, Task 1 McClellan-Palomar Airport Apron Repair Project, Project No. 3904-A Contractor shall provide Senior Construction Inspector to perform contract administration and inspection ·services for the paving of McClellan-Palomar Airport Apron Repair Contract Administration Services shall include:•Coordination and scheduling with materials testing firm, SCST, during all construction activities.•Coordination with SD County and Carlsbad Municipal Water District staff on all contractor operations.•Verifying contractor compliance with approved plans, specifications, accepted submittals, andassociated permits. Inspection Services shall include: •Verify materials and improvements are supplied and constructed per approved plans, specifications,contract documents and supporting technical documents.•Inspection, and preparation of daily inspection reports, for all required removals and re-compaction,subgrade preparation, subbase, base and final paving operations. Project Close-Out •Preparation and/or coordination of project close-out documentation including, but not limited to, punchlists, compaction reports, materials certifications, and contractor payments.•Coordination with County staff to ensure contractor close-out of required permitted acitvities. ESTIMATE OF FEES·seeNote City of Carlsbad - McClellan-Palomar Airport Apron Paving KleinfelderJSimon Wong Engineering CLASS/FICA T/ON Sr. Project Const. Manaaer Inspector TASK: Inspection Services for Apron Paving -CMWD Task 1 I $192.00 $148.00 Task 1 Proiect Administration and Inspection ' 10.0 50.0 Task 2 Project CloseMout 5.0 10.0 Proiected Hours To Comolete: 15 60 PROJECTED TOTAL: Notes: Estimate is based on 15 working days to complete, FEE $9,320.00 $2,440.00 $11,760.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. TRAN1560 MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (KLEINFELDER-SIMON WONG ENGINEERING) THIS AGREEMENT is made and entered into as of the ~ ~ day of ~~ , 20 rJby and between the Carlsbad Municipal Waer District, a Public Agency organizedun er theMLnicipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and KLEINFELDER-SIMON WONG ENGINEERING, a California Corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of an engineering firm that is experienced in inspection and construction management for civil engineering/horizontal projects. B. Contractor has the necessary experience in providing professional services and advice related to inspection and construction management of private as well as municipal projects. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to September 29, 2017. The Executive Manager of CMWD ("Executive Manager") may amend the Agreement to extend it for three additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. General Counsel Approved Version 9/1/15 TRAN1560 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager"). The Executive Manager (or designee) or General Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed three hundred thousand dollars ($300,000) per Agreement year. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for 2 General Counsel Approved Version 9/1/15 TRAN1560 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 CMWD. 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 CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, 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 CMWD 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 3 General Counsel Approved Version 9/1/15 TRAN1560 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 CMWD). $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 CMWD'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 CMWD 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD 4 General Counsel Approved Version 9/1/15 TRAN1560 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 CMWD. 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 CMWD. 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 CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement are: ForCMWD: Name Elaine Lukey Title Public Works Director Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone 760-602-2751 For Contractor: Name Michalle Beringhaus Title Project Controls Specialist Address _5_7_6_1_C_o_.p_le__..y._D_r. _S_te_._1_0_0 __ Phone Email San Diego, CA 92111 858-223-8466 mberinghaus@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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the Clerk for the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for 5 General Counsel Approved Version 9/1 /15 TRAN1560 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 CMWD 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 Executive Manager. The Executive 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 Executive 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, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD 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, CMWD will have the right to annul this Agreement without liability, or, in its 6 General Counsel Approved Version 9/1/15 TRAN1560 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 CMWD 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 CMWD, 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 CMWD 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 CMWD 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 CMWD, 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. 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. 7 General Counsel Approved Version 9/1/15 TRAN1560 Executed by Contractor this_"-1--'-l 5_1: __ day of _A:-->+p_r_i I ______ , 20 17 . CONTRACTOR ~ ~ Wl ~ ( l V,u Pru,idcnl (prin name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidia7,ici of the City of Carlsbad By~" II/resident ~., ~~~~._,,.. ~Q1,.0 -----~~ (signere) Barbara Engleson/ Secretary Cec..rl :D. LoWM~ Asst.Se~"( (print name/title _J If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer 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, General Counsel By ~c~';) eputy City Attorney 8 General Counsel Approved Version 9/1/15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On April 24, 2017 before me, Sherry Balmer, Notary Public (insert name and title of the officer) personally appeared _C_a_r_l _D_._L_o_w_m_a_n _________________ ____,=---- who proved to me on the basis of satisfactory evidence to be the person(,5'f whose name~ ~ubscribed to the within instrument and acknowle?~? to_ ~~ that~y executed the same in @Joor-ltheir authorized capacity~, and that by~ signature~on the instrument the person~r the entity upon behalf of which the person~cted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 111111·1· I .II II.Ill 11114 I Ill 11 11 ISIIIIIII I 11 , •:.'\'.,;-,:1, S. BALMER ,.. I l!i''\ -;."J__,y.,:11·\, ::\ Commission No. 2040055 ;11 8 ·,. "' '1! ·; NO "ARY P0BLIC CALIFORNIA 0 z _.,j,,_, .. .. · _0 SM, IJIEGO COUNTY " My Comm bp,res SEPTEMBER 1, 2017 ~ Signature ~ ~ (Seal) ---...--·------ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) on April 25, 2017 before me, Terri London, Notary Public (insert name and title of the officer) personally appeared Marc McIntyre , who proved to me on the basis of satisfactory evidence to be the personfef whose nam~ S.,Y.QSCribed to the within instrument and acknowledged to me that~ executed the same in ~uthorized capacity(iesr, and that by ~herltheir signature(sf on the instrument the person~ or the entity upon behalf of which the person.{e;)' acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _~_-.... _,_j_-_______ _ ,.·.·,,TERRI LYNN LONDONI .. /~ C:.;mm,ss1on No.2148247 ~ • a • N01 AR" ?UBLIC-CALIFORNIA n I SAN DIEGO COUNTY ~ Co~~ .. ~:;::-s APRIL 2, 2020 (Seal) Exhibit A MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (KLEINFELDER-SIMON WONG ENGINEERING) EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. 9 General Counsel Approved Version 9/1 /15 ~ KLEINF'ELDER ~ Brlghtlflpt.. i1ifhtSohltiom. 2016 BILLING RATES CITY OF CARLSBAD AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (NON-PREVAILING WAGE) Exhibit A Straight Time overtime Rate Double Time Rate Field Staffing Position ($/Hr Range) ($/HR Range) ($/HR Range} Pro Ject Manager $192 $192 $192 Safety Inspector $120 $155 $120 $155 $120 $155 ~onstruction Manager $165 $190 $165 $190 $165 $190 Schedule Engineer $110 $168 $110 $168 $110 $168 Resident Enllineer $138 $185 $138 $185 $138 $185 Senior Inspector $112 $148 $126 $178 $149 $210 Office Engineer $85 $143 $85 $143 $85 $143 Structures Representative $133 $156 $133 $156 $133 $156 Special Inspector $128 $143 $156 $175 $185 $207 Materials Tester• $59 $97 $89 $146 $119 $194 Materials Testing Engineer• $180 $180 $180 (PREVAILING WAGE} Field Staffing Position ($/Hr Range) ($/HR Range) ($/HR Range) Project Manager $192 $192 $192 Safety Inspector $120 $1S5 $120 $155 $120 $155 Construction Manager $165 $190 $165 $190 $165 $190 Sche.~ule~.nJ!i.11e1?r. $110 ONOO $168 .. $110 $168 .StlO $168 [oNOO NOoO-•O•N•-• o---•o•e--oo,o coo io•o OO" ~-, ,~, '·""·""" ·=" '" Resident Engineer $138 $185 $138 $185 $138 $185 Senior Inspector $138 $160 $216 $268 Office Engineer $85 $143 $85 $143 $85 $143 Structures Representative $133 $156 $133 $156 $133 $156 Special Inspector $143 $216 $268 Materia Is Tester• $178 $182 $263 $326 Materials Testing Engineer• $180 $180 $180 Hourly charges include provisions for normal overhead costs such as fringe benefits, insurance, clerical services, equipment, normal supplies and materials. Field personnel are equiped with work trucks, cell phone/radios, laptop computers and basic tools. All other direct costs shall be reimbursed at a rate of costs plus 10%. Kleinfelder/Simon Wong Engineering rates will increase annually at a rate equal to the San Diego Consumer Price Index. Prevailing Wage rates based on California DIR SO County Determination No. S0-23-63-3-2015-lD. * ·· Rates shown for Kleinfelder Materials Testing Staff. Laboratory testing rate sheets are attached. 5761 Copley Drive, Suite 100, San Diego, CA 92111 p 1858.223.8500 f I 858.874.6997 10 General Counsel Approved Version 9/1/15