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Kleinfelder Inc; 2018-11-28; PSA19-604CA
PSA19-604CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 PROJECT NO. 50191 This fifth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder, 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 November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide water engineering services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated August 25, 2020, (“proposal”), attached as Appendix "A" for the Engineering Services for Construction Phase of Valve Replacement Project (Phase II), (the “Project"). The Project services shall include engineering services to support construction phase of the valve replacement project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within fourteen (14) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by 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 DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D October 27, 2020 PSA19-604CA General Counsel Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $84,200. TABLE 1 FEE ALLOTMENT ENGINEERING SERVICES TO SUPPORT CONSTRUCTION PHASE OF VALVE REPLACEMENT PROJECT TASK GROUP TIME & MATERIALS Project Manager $27,225 Project Engineer $11,050 Associate Engineer $42,075 Project Administrator $2,850 Senior Principal Engineer $1,000 TOTAL (Not-to-Exceed) $84,200 CONTRACTOR Kleinfelder, Inc. Kleinfelder, Inc. (name of Contractor) (name of Contractor) *By: By: (sign here) (sign here) John Moossazadeh, Vice-President John Murphy, CFO (print name/title) (print name/title) jmoossazadeh@kleinfelder.com jmurphy@kleinfelder.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ___________________________________ Date: _________________________ Geoff Patnoe, Assistant Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D October 27, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D MWCRLSBD.001C/SDI20P115675_kh Page 1 of 3 August 25, 2020 © 2020 Kleinfelder www.kleinfelder.com 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 August 25, 2020 Ms. Stephanie Harrison Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 SUBJECT: Master Services Agreement for Water/Recycled Water Valve Replacement Project (Phase II), Task Order No. 3 Dear Ms. Harrison: In accordance with your request, Kleinfelder, Inc. presents this task order proposal for the above- mentioned project as part of our Master Services Agreement with the Carlsbad Municipal Water District (CMWD). Included in this proposal is a brief summary of our understanding of the project, the scope of services, assumptions, and our estimated fee. Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees. PROJECT DESCRIPTION As a part of their asset management program, the Carlsbad Municipal Water District (CMWD) has implemented Phase II of their Valve Replacement Program. Under Task Order No. 2, Kleinfelder prepared design documents for the replacement of 20 valve sites across the City of Carlsbad. Under Task Order No. 3, Kleinfelder will provided construction support services related to the construction work for Phase II of the valve replacement program. Work under Task Order No. 3 includes construction meetings, project management, coordination, invoicing, submittal and RFI reviews, final sites walk throughs, record drawings, and asset management coordination. SCOPE OF SERVICES Our detailed proposed scope of services is summarized below. Task 1 Construction Meetings Kleinfelder will attend meetings to assist in management during construction phase. The expected level of effort is as follows: a. Project manager to attend weekly coordination conference calls (online), at one hour per meeting for the duration of the one-year construction window. APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D MWCRLSBD.001C/SDI20P115675_kh Page 2 of 3 August 25, 2020 © 2020 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 b. Participate in up to 3, in person construction meetings (such as the construction kickoff, or important coordination meetings with contractor and CMWD staff) with Project manager and Associate Engineer present, at a rate of 3 hours per meeting, including travel time. Task 2 Project Management, Coordination, and Invoicing Under this task, Kleinfelder will provide general project management, internal and external communications, and invoicing necessary to support the scope of services outlined in this proposal. Kleinfelder anticipates an average of 2.5 hours for the project manager and 2.5 hours for admin staff, per month for a duration of twelve months. Additionally, it is anticipated a half hour of internal project coordination time per week for both the project engineer and project manager, for the 52 week duration of the project. Task 3 Submittals and RFI Review Kleinfelder will provide review of contractor requests for information (RFIs) and review their design submittals. Scope for this task is based on the same number of submittals and RFIs received during the Phase I construction, which included 10 RFIs and 41 submittals. Kleinfelder anticipates an average of 3.5 hours per RFI, and 3.5 hours per design submittal. Additionally, Kleinfelder anticipates 25 resubmittals, with an average of 2 hours per each resubmittal review. Task 4 Final Walk Through Kleinfelder will conduct a final walkthrough of all 20 sites, estimate to be two days, or 16 hours, for all 20 sites (including time for travel). The walkthrough will document and confirm final site conditions for development of the record drawings. Task 5 Record Drawings Kleinfelder will prepare Record Drawings for the project included all changes during construction resulting from As-Built contractor redlines, RFIs, and Field Change Orders, and submittals, into a final set of electronic Record Drawings. Changes will appear unmarked (not bubbled) as if part of the original bid documents. Drawings shall have a “RECORD DRAWING” stamp indicating the date of completion. Kleinfelder will provide one complete set of Record Drawings in PDF format and one complete set in AutoCAD Version 2018 LT file format. The task is estimated to take 2.5 hours per site (total of 50 hours for 20 sites). Additionally, included are 4 hours of senior engineer and 4 hours of project manager review of the drawings for quality control. Task 6 Asset Management Coordination Kleinfelder will obtain the of asset management data obtained in the field during construction from the contractor or owners rep. Kleinfelder is not responsible for obtaining any of the field data. This data has is related to the GIS / ASSET Management data requested by CMWD for updating their records. The work under this task will include review of the contractor and inspector field obtained asset information, i.e., number of turns on valves, depth of nut, valve size, valve type (data list is established under the contract documents). Kleinfelder will review the data and convert the field APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D MWCRLSBD.001C/SDI20P115675_kh Page 3 of 3 August 25, 2020 © 2020 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 data into an excel spread sheet that can be readily linked to GIS attribute data tables. The final deliverable will be a single spread sheet, including the asset data columns for all replaced and newly installed valves. The estimate to complete this work includes 8 hours of review and 2 hours of coordination. ESTIMATED BUDGET The estimated budget for the scope of work described above will be $84,200 and is attached herein. Our budget was prepared using the Master Agreement Rate Schedule included in our agreement with the CMWD. Kleinfelder will provide the CMWD with monthly invoices based on the level of effort expended each month. The scope of work for the outlined tasks will be completed under a new Task Order (TO). SCHEDULE This scope was prepared assuming the construction activities will be completed within one year (52 weeks) from CMWD provided notice to proceed for the contractor. If construction extends beyond one-year, additional fee may be required. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’ s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 45 days from the date of this proposal. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission. CLOSING Kleinfelder appreciates this opportunity to submit our proposal and looks forward to working with you. If you have any questions regarding this proposal, please do not hesitate to contact us at 619.831.4587. Sincerely, KLEINFELDER John Moossazadeh, PE Bryan Webb San Diego Area Manager Task Order Manager Attachments: Fee Estimate APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D MWCRLSBD.001C/SDI20P115675_kh August 25, 2020 © 2020 Kleinfelder www.kleinfelder.com FEE ESTIMATE APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D FEE SUMMARY Construction Support Services - Valve Replacement Phase II Project Manager Project Engineer Associate Engineer Project Administrator Senior Principal Engineer LABOR CATEGORY TOTAL HOURS LABOR FEE LAB FEE UNIT AND EXPENSE FEE SUB- CONSULTANT FEE TOTAL FEE Billing rate ($/hr) $225.00 $170.00 $150.00 $95.00 $250.00 TASK 1 - Construction Meetings 61 0 9 0 0 70 $15,075 $0 $0 $0 $15,075 TASK 2 - Project Management, Coordination, and Invoicing 56 0 26 30 0 112 $19,350 $0 $0 $0 $19,350 TASK 3 - Submittal and RFI Review 0 61 167.5 0 0 228.5 $35,495 $0 $0 $0 $35,495 TASK 4 - Final Walk Through 0 2 16 0 0 18 $2,740 $0 $0 $0 $2,740 TASK 5 - Record Drawings 4 0 54 0 4 62 $10,000 $0 $0 $0 $10,000 TASK 6 - Asset Management Coordination 0 2 8 0 0 10 $1,540 $0 $0 $0 $1,540 LABOR HOURS 121 65 280.5 30 4 500.5 FEE $27,225 $11,050 $42,075 $2,850 $1,000 $84,200 $0 $0 $0 $84,200 APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D FEE SUMMARY Construction Support Services - Valve Replacement Phase II Project Manager Project Engineer Associate Engineer Project Administrator Senior Principal Engineer LABOR CATEGORY TOTAL HOURS LABOR FEE LAB FEE UNIT AND EXPENSE FEE SUB- CONSULTANT FEE TOTAL FEE Billing rate ($/hr) $225.00 $170.00 $150.00 $95.00 $250.00 TASK 1 - Construction Meetings 61 0 9 0 0 70 $15,075 $0 $0 $0 $15,075 TASK 2 - Project Management, Coordination, and Invoicing 56 0 26 30 0 112 $19,350 $0 $0 $0 $19,350 TASK 3 - Submittal and RFI Review 0 61 167.5 0 0 228.5 $35,495 $0 $0 $0 $35,495 TASK 4 - Final Walk Through 0 2 16 0 0 18 $2,740 $0 $0 $0 $2,740 TASK 5 - Record Drawings 4 0 54 0 4 62 $10,000 $0 $0 $0 $10,000 TASK 6 - Asset Management Coordination 0 2 8 0 0 10 $1,540 $0 $0 $0 $1,540 LABOR HOURS 121 65 280.5 30 4 500.5 FEE $27,225 $11,050 $42,075 $2,850 $1,000 $84,200 $0 $0 $0 $84,200 APPENDIX "A" DocuSign Envelope ID: E1E0093D-FD21-4861-8E5C-0F9D17C1FF8D ABCDFHolder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307462451722221453074237265365733200767204017601775707340055312274130076727242035772000777777707000707007 7777777707070700073525677115456000722111506027212207023236242173100071333362530731010712333724206301107022336343172000071233262430731100702332735207311107123337253063110077756163351765540777777707000707007Certificate No :570083335273CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/28/2020 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 35289The Continental Insurance CompanyINSURER A: 20478National Fire Ins. Co. of HartfordINSURER 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:570083335273 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 B 04/01/2020 04/01/2021Y Y 6057515853 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) $1,000,000A04/01/2020 04/01/2021Y COMBINED SINGLE LIMIT(Ea accident)6057515836 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $4,000,000 $4,000,000 $10,000 04/01/2020UMBRELLA LIABA 04/01/20216057123519 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEC04/01/2020 04/01/2021 (CA) WC657169111C 04/01/2020 04/01/2021 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A Y N (AOS) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC657169108 Each ClaimPSDEF200064704/01/2020 04/01/2021 Claims-Made Policy $5,000,000Aggregate Env CPL/ProfD SIR applies per policy terms & conditions $5,000,000 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 as Needed Construction Management and Inspection Services. City of Carlsbad/CMWD, its officials, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A Waiver of Subrogation is granted in favor of City of Carlsbad/CMWD in accordance with the policy provisions of the General Liability and Workers' Compensation policies. See Attached for Complete List of Named Insureds. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad CA 92008 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 CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Insurance Services West, Inc. 570000071365 570083335273 570083335273 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, Inc. 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: 04/01/2020 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 inparagraphs 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, theInsurer 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 thatdescribed 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 oroccupies 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: 04/01/2020Insured 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 towhich 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: 04/01/2020Insured 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 operationsperformed 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 ordisplayer, any person or organization whom the Named Insured is required to include as an additionalinsured, 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 includedwithin 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 amendedto 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 willnot seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's owninsurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstandinganything to the contrary elsewhere in this Condition, the insurance provided to such person or organization isexcess 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; or B. additional insured coverage with “arising out of” language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will notprovide 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. IV.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. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6057515853 Endorsement No: 3 Page 1 of 2 National Fire Insurance of Hartford Effective Date: 04/01/2020 IInsured Name: THE KLEINFELDER GROUP, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.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 additionof 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.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror 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 3.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. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition: Written contract means a written contract or written agreement that requires you to make a person ororganization 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 (10-16) Policy No: 6057515853 Endorsement No: 3 Page 2 of 2 National Fire Insurance of Hartford Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement CNA74858XX (1-15) Policy No: 6057515853 Page 17 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2020Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amendedto add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because ofpayments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part; and 2.was executed prior to the bodily injury, property damage or personal and advertising injury giving riseto the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor toany construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or anotherexclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or ContractorControlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard thatarises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). CNA71527XX (Ed. 10/12) CNA71527XX (10/12) Policy No: 6057515836 Page 1 of 1 Endorsement No: 1 Effective Date: 04/01/2020Insured Name: THE KLEINFELDER GROUP Copyright CNA All Rights Reserved. ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED UNDER A WRITTEN CONTRACT OR AGREEMENT. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the personor organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributorybasis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. 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: 04/01/2020 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. PSA19-604CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 This fourth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder, 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 November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide water engineering services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated August 5, 2020, (“proposal”), attached as Appendix "A". provide monitoring of Maerkle Reservoir as required by the California Division Safety of Dams (DSOD) (the “Project”). The Project services shall include reports concerning the condition of water containment facilities 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one year 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 DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF August 26, 2020 PSA19-604CA General Counsel Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $4,514. TABLE 1 FEE ALLOTMENT MAERKLE RESERVOIR –DSOD MONITORING TASK GROUP TIME & MATERIALS Task 1: Survey Data Review $610 Task 2: Field Reconnaissance $1,536 Task 3: Preparation of Report $2,368 TOTAL (Not-to-Exceed) $4,514 CONTRACTOR Kleinfelder, Inc. Kleinfelder, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) John Moossazadeh, Vice-President John Murphy, CFO (print name/title) (print name/title) jmoossazadeh@kleinfelder.com jmurphy@kleinfelder.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ Vicki V. Quiram, General Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF August 26, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF City of Carlsbad/Maerkle Reservoir Page 1 of 3 August 5, 2020 Copyright 2020 Kleinfelder 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 August 5, 2020 Mr. Mark Biskup Municipal Projects Manager City of Carlsbad 5950 El Camino Real Carlsbad CA 92008-8802 Subject: Engineering Services for Annual DSOD Reporting Maerkle Reservoir - Dam No. 1023 Carlsbad, California Dear Mr. Biskup: In accordance with your request, Kleinfelder is pleased to submit this proposal to provide California Division of Safety of Dams (DSOD) required annual monitoring of the Maerkle Reservoir. We previously provided the required DSOD reporting for Maerkle Reservoir and presented our report dated April 17, 2020. Per DSOD requirements, this proposal is to provide continuing services on an annual basis. PROJECT DESCRIPTION AND SCOPE The City of Carlsbad is required to submit annual reports concerning the condition of its water containment facilities. This annual report includes visual observations of the containment structure and other information related to water level monitoring and seepage. The purpose of our work is to provide a report in general accordance with DSOD guidelines. Our work will consist of conducting field observations and review of monitoring data obtained by the City of Carlsbad. Specifically, our scope of services is summarized below: •A Kleinfelder engineer or geologist will conduct site observations of the existingdam face, adjacent exposed slopes, associated spillway structure, and conditionof survey monitoring points. •We will review survey data provided by the City of Carlsbad. •The above information will be organized into a data report to include spreadsheetdata, graphs and the results of our visual observations of the subject reservoir and associated facilities. •We will provide an electronic copy of the report prepared under the direction ofand signed by a registered professional engineer and certified engineeringgeologist. DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF City of Carlsbad/Maerkle Reservoir Page 2 of 3 August 5, 2020 Copyright 2020 Kleinfelder KLEINFELDER 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 It should be noted that our scope does not include an evaluation of the stability of the reservoir embankment, nor recommendations for improvements to potential observed deficiencies or stability improvement. We can develop a scope of work and costs for those services, if needed. SCHEDULE We are prepared to begin our services after receipt of your notice to proceed. We will provide our final report within approximately three weeks from receiving written authorization and receipt of available monitoring data. FEE We estimate the fee for the above scope of work will be a not-to-exceed amount of $4,500. Our services will be billed on an hourly basis in accordance with our current Schedule of Fees. An invoice for our services will be submitted on a monthly basis or at the completion of our services. Our Fee Summary is attached at the end of this proposal. ASSUMPTIONS We require unhindered access to the subject site during the time of our field observations. Our fee is based on performing our services on weekdays during normal working hours (8 am to 5 pm). If we are required to perform work during off-hour periods or not able to access the site at the time of our scheduled fieldwork, we may incur added costs due to premium fees. These additional costs will be billed as additional expense to the City of Carlsbad. AUTHORIZATION We propose to perform our services in accordance with the terms and conditions of our existing Master Agreement for Water/Recycled Water Engineering Services dated November 28, 2018. If there is a need for any change in our proposed scope of services or schedule described in this proposal, please contact us. LIMITATIONS Kleinfelder offers a range of investigative and engineering services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive investigations yield more information, which may help the client understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service, which provides adequate information for their purposes at an acceptable level of risk. Acceptance of this proposal will indicate that RMWD has reviewed the scope of service and determined DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF City of Carlsbad/Maerkle Reservoir Page 3 of 3 August 5, 2020 Copyright 2020 Kleinfelder KLEINFELDER 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 that they do not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in a change in fees. Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. CLOSING We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions regarding this proposal, please do not hesitate to contact the undersigned. Respectfully Submitted, KLEINFELDER, INC. Scott Rugg, PG, CEG Robert A. Torres PE Senior Geologist Senior Program Manager DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF FEE SUMMARY Maerkle Res. - DSOD Reporting LABOR CATEGORY Senior Principal Engineer Senior Engineer Assistant Engineer CADD Technician Project Adminstrator TOTAL HOURS LABOR FEE UNIT AND EXPENSE FEE SUB- CONSULTANT FEE TOTAL FEE Billing rate ($/hr)$250.00 $180.00 $125.00 $100.00 $95.00 TASK 1 - Survey Data Review 1 2 0 0 0 3 $610 $0 $0 $610 TASK 2 - Field Reconnaissance 0 8 0 0 0 8 $1,440 $96 $0 $1,536 TASK 3 - Preparation of Report 2 8 0 0 4.5 14.5 $2,368 $0 $0 $2,368 TASK 4 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 5 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 6 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 6 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 7 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 9 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 10 - 0 0 0 0 0 0 $0 $0 $0 $0 LABOR HOURS 3 18 0 0 4.5 25.5 FEE $750 $3,240 $0 $0 $428 $4,418 $96 $0 $4,514 DocuSign Envelope ID: 050443F4-DA09-418E-A2A4-BBB088346EFF ABDFXZHolder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307026055326621013074277265721777200723600057201335707340055312274130076727242035772000777777707000707007 7777777707070700073525677115456000723100506026313207123336343172000071332272421731010713322724217310107133236243173001070332273420731100703332624316311007132236253173010077756163351765540777777707000707007Certificate No :570082400996CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/17/2020 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 35289The Continental Insurance CompanyINSURER A: 20478National Fire Ins. Co. of HartfordINSURER 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:570082400996 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 requestedPOLICY 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 B 04/01/2020 04/01/2021Y6057515853 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) $1,000,000A04/01/2020 04/01/2021Y COMBINED SINGLE LIMIT(Ea accident)6057515836 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $4,000,000 $4,000,000 $10,000 04/01/2020UMBRELLA LIABA 04/01/20216057123519 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEC04/01/2020 04/01/2021 (CA) WC657169111C 04/01/2020 04/01/2021 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A Y N (AOS) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC657169108 Each ClaimPSDEF200064704/01/2020 04/01/2021 Claims-Made Policy $5,000,000Aggregate Env CPL/ProfD SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement No. TRAN1560. City of Carlsbad/CMWD 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 of each policy. See Attached for Complete List of Named Insureds CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad CA 92008 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 CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Insurance Services West, Inc. 570000071365 570082400996 570082400996 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, Inc. 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: 04/01/2020 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 inparagraphs A. through I. below whom a Named Insured is required to add as an additional insured on thisCoverage 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, theInsurer 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 thatdescribed 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 oroccupies 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: 04/01/2020Insured 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 towhich 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: 04/01/2020Insured 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 operationsperformed 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 ordisplayer, any person or organization whom the Named Insured is required to include as an additionalinsured, but only with respect to such person or organization's liability for bodily injury, propertydamage 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 includedwithin 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 amendedto 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 willnot seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's owninsurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstandinganything to the contrary elsewhere in this Condition, the insurance provided to such person or organization isexcess 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 ISAN 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; or B. additional insured coverage with “arising out of” language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will notprovide 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. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, propertydamage, 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. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 6057515853 Endorsement No: 3 Page 1 of 2 National Fire Insurance of Hartford Effective Date: 04/01/2020 IInsured Name: THE KLEINFELDER GROUP, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERALLIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the additionof 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.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror 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 3.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. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition: Written contract means a written contract or written agreement that requires you to make a person ororganization 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 (10-16) Policy No: 6057515853 Endorsement No: 3 Page 2 of 2 National Fire Insurance of Hartford Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA71527XX (Ed. 10/12) CNA71527XX (10/12) Policy No: 6057515836 Page 1 of 1 Endorsement No: 1 Effective Date: 04/01/2020Insured Name: THE KLEINFELDER GROUP Copyright CNA All Rights Reserved. ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED UNDER A WRITTEN CONTRACT OR AGREEMENT. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the personor organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributorybasis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. General Liability Form CNA75014XX It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate older on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation or impose any liability or obligation upon us or the Agent of Record. © CNA All Rights Reserved Workers Compensation Form: CC68021A It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate older on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation or impose any liability or obligation upon us or the Agent of Record. © CNA All Rights Reserved WC6057169108 Workers Compensation Form: CC68021A It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate older on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation or impose any liability or obligation upon us or the Agent of Record. © CNA All Rights Reserved WC657169111 PSA19-604CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 This third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder, 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 November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide water and recycled water engineering services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated February 12, 2020, (“proposal”), attached as Appendix "A" to provide monitoring of Maerkle Reservoir as required by the California Division Safety of Dams (DSOD), (the “Project"). The Project services shall include reports concerning the condition of water containment facilities. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred (100) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on 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 $5,896. DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 March 11, 2020 PSA19-604CA General Counsel Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT MAERKLE RESERVOIR CALIFORNIA DIVISION OF SAFETY OF DAMS (DSOD) MONITORING TASK GROUP TIME & MATERIALS Task 1 – Document Review $970 Task 2 – Field Reconnaissance $1,536 Task 3 – Preparation of Reports $3,390 TOTAL (Not-to-Exceed) $5,896 CONTRACTOR Kleinfelder, Inc. Kleinfelder, Inc. (name of Contractor) (name of Contractor) *By: By: (sign here) (sign here) John Moossazadeh, Vice President John Murphy, CFO (print name/title) (print name/title) jmoossazadeh@kleinfelder.com jmurphy@kleinfelder.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ Vicki V. Quiram, General Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 March 11, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 City of Carlsbad/Maerkle Reservoir Page 1 of 3 February 12, 2020 Copyright 2020 Kleinfelder 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 February 12, 2020 Mr. Mark Biskup Municipal Projects Manager City of Carlsbad 5950 El Camino Real Carlsbad CA 92008-8802 Subject: Master Agreement for Water/Recycled Water Engineering Services Task Order No. 3 DSOD Reporting for Maerkle Reservoir - Dam No. 1023 Carlsbad, California Dear Mr. Biskup: In accordance with your request, Kleinfelder is pleased to submit this proposal to provide California Division of Safety of Dams (DSOD) required monitoring of the Maerkle Reservoir. The scope of our work is based on DSOD requirements and our experience on similar reservoirs. PROJECT DESCRIPTION AND SCOPE As required by DSOD, the City of Carlsbad is required to submit periodic reports concerning the condition of its water containment facilities. This annual report includes visual observations of the containment structure and other information related to water level monitoring and seepage. The purpose of our work is to provide a report in general accordance with DSOD guidelines. Our work will consist of conducting field observations and review of monitoring data obtained by the City of Carlsbad. Specifically, our scope of services is summarized below: •A Kleinfelder engineer or geologist will conduct site observations of the existing dam face, adjacent exposed slopes, associated spillway structure, and condition of survey monitoring points. •We will review provided data from existing monitoring devices such as survey benchmarks or piezometers (if any) maintained by the City of Carlsbad. •The data received will be entered into an Excel format spreadsheet and plotted onto graphs showing groundwater elevation as a function of time. •The above information will be organized into a data report to include spreadsheet data, graphs and the results of our visual observations of the subject reservoir and associated facilities. APPENDIX A DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 City of Carlsbad/Maerkle Reservoir Page 2 of 3 February 12, 2020 Copyright 20209 Kleinfelder KLEINFELDER 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 • We will provide an electronic copy of the report prepared under the direction of and signed by a registered professional engineer and certified engineering geologist. It should be noted that our scope does not include an evaluation of the stability of the reservoir embankment, nor recommendations for improvements to potential observed deficiencies or stability improvement. We can develop a scope of work and costs for those services, if needed. SCHEDULE We are prepared to begin our services after receipt of your notice to proceed. We will provide our final report within approximately three weeks from receiving written authorization and receipt of available monitoring data. FEE We estimate the fee for the above scope of work will be a not-to-exceed amount of $5,900. Our services will be billed on an hourly basis in accordance with our current Schedule of Fees. An invoice for our services will be submitted on a monthly basis or at the completion of our services. Our Fee Summary is attached at the end of this proposal. ASSUMPTIONS We require unhindered access to the subject site during the time of our field observations. Our fee is based on performing our services on weekdays during normal working hours (8 am to 5 pm). If we are required to perform work during off-hour periods or not able to access the site at the time of our scheduled fieldwork, we may incur added costs due to premium fees. These additional costs will be billed as additional expense to the City of Carlsbad. AUTHORIZATION We propose to perform our services in accordance with the terms and conditions of our existing Master Agreement for Water/Recycled Water Engineering Services dated November 28, 2018. If there is a need for any change in our proposed scope of services or schedule described in this proposal, please contact us. LIMITATIONS Kleinfelder offers a range of investigative and engineering services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive investigations yield more information, which may help the client understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service, which provides adequate DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 City of Carlsbad/Maerkle Reservoir Page 3 of 3 February 12, 2020 Copyright 20209 Kleinfelder KLEINFELDER 550 West C Street, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 information for their purposes at an acceptable level of risk. Acceptance of this proposal will indicate that RMWD has reviewed the scope of service and determined that they do not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in a change in fees. Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. CLOSING We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions regarding this proposal, please do not hesitate to contact the undersigned. Respectfully Submitted, KLEINFELDER, INC. Scott Rugg, PG, CEG Robert A. Torres PE Senior Geologist Senior Program Manager DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 FEE SUMMARY Maerkle Res. - DSOD Reporting LABOR CATEGORY Senior Principal Engineer Senior Engineer Assistant Engineer CADD Technician Project Adminstrator TOTAL HOURS LABOR FEE UNIT AND EXPENSE FEE SUB- CONSULTANT FEE TOTAL FEE Billing rate ($/hr)$250.00 $180.00 $125.00 $100.00 $95.00 TASK 1 - Document Review 1 4 0 0 0 5 $970 $0 $0 $970 TASK 2 - Field Reconnaissance 0 8 0 0 0 8 $1,440 $96 $0 $1,536 TASK 3 - Preparation of Report 2 12 2 1 4 21 $3,390 $0 $0 $3,390 TASK 4 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 5 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 6 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 6 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 7 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 9 - 0 0 0 0 0 0 $0 $0 $0 $0 TASK 10 - 0 0 0 0 0 0 $0 $0 $0 $0 LABOR HOURS 3 24 2 1 4 34 FEE $750 $4,320 $250 $100 $380 $5,800 $96 $0 $5,896 DocuSign Envelope ID: 2C7C4E8B-AF67-4567-B28E-076B0E36E575 PSA19-604CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 5019 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder, 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 November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide engineering design services in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 10, 2019, (“proposal”), attached as Appendix "A" for the Engineering Services For Valve Replacement Project (Phase II), (the “Project"). The Project services shall include design services for water valves needing to be replaced. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within fourteen (14) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one (1) year 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 DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 October 24, 2019 PSA19-604CA General Counsel Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $118,744. TABLE 1 FEE ALLOTMENT DESIGN SERVICES FOR WATER VALVES NEEDING TO BE REPLACED TASK GROUP TIME & MATERIALS TASK 1 - Field Reconnaissance $6,424 TASK 2 - Record Information & Data Collection $4,130 TASK 3 - Preparation of Existing Plan View Base Plan $12,020 TASK 4 - 30% Design $23,830 TASK 5 - 90% Design $32,040 TASK 6 - 100% Design $8,840 TASK 7 - Asset Management $2,922 TASK 8 - Assistance with NCTD Permit Processing $5,720 TASK 9 - Engineering Design Services through Bid Phase $3,740 TASK 10 - Project Management and Meetings $19,078 TOTAL (Not-to-Exceed) $118,744 CONTRACTOR Kleinfelder, Inc. Kleinfelder, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) John Moossazadeh, Vice President John Murphy, CFO (print name/title) jmoossazadeh@kleinfelder.com (print name/title) jmurphy@kleinfelder.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ______________________________ Date: _________________________ Scott Chadwick, Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: ___________________________ Deputy General Counsel DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 October 24, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 1 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 September 10, 2019 Kleinfelder Project No. MW190077.001P Ms. Stephanie Harrison Asset Manager City of Carlsbad Public Works- Utilities Division 5950 El Camino Real Carlsbad, California 92008 SUBJECT: Master Services Agreement for Water/Recycled Water Engineering Services Task Order No. 2 Valve Replacement Project (Phase II) Dear Ms. Harrison: In accordance with your request, Kleinfelder, Inc. presents this task order proposal for the above- mentioned project as part of our Master Services Agreement with the Carlsbad Municipal Water District (CMWD). Included in this proposal is a brief summary of our understanding of the project, the scope of services, assumptions, and our estimated fee. Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees. PROJECT DESCRIPTION As a part of their asset management program CMWD has identified numerous valves in their system that require replacement. Twenty locations have been identified for Phase II of their Valve Replacement Program. These sites include the replacement of existing valves and installation of new valves. If the valve requiring replacement is on a tee or a cross the other valves on that fitting shall also be replaced. In some cases a valve may be added to an existing tee or cross to enhance operational flexibility. The majority of the valves are assumed to be on pipelines that are Transite or Asphalt Cement (AC) pipe. Each location will be slightly unique depending on pipeline location, valve location, type of street, and configuration of valve cluster. DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 2 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 SCOPE OF SERVICES Our detailed proposed scope of services is summarized below: Task 1: Field Reconnaissance Perform a site visit to all locations and assemble a photo log for each location. At least one photo per location will be included in the contract documents. The field reconnaissance will note any unusual features at each site or any special precautions that need to be included in the construction documents. Task 2: Record Information and Data Collection · Perform records research for utilities, street, and right-of-way information. The team will collect and review utility maps and easement information regarding abandoned, existing, and proposed utilities corresponding to the proposed valve replacement locations. It is anticipated that all valves will be in paved roadways of public streets. CMWD will supplement our research with record information that cannot be readily found in the City’s Records Management system. · Verify valve locations to be included in Phase II. Currently CMWD has identified 20 site locations with critical valves. Additionally, many of the valves on associated clusters have also been identified because of similar age and convenience of location. Lastly, pipes shall be replaced to the next available joint in each impacted direction. · Utility maps will be reviewed to determine potential conflicts with the valve replacement locations or excavations for the valves. Utility records will be performed and coordinated the agencies that are members of DigAlert Network listed on the Design Services tab for Design lookup. Kleinfelder will provide a list to CMWD of any charges required by the utility agencies to generate and obtain their record maps for review. With prior written approval, CMWD will pay any charges required by the utility agencies and/or the entity that is associated with providing utility maps for the purpose of locating utilities for design of the Project. Task 3: Preparation of Existing Plan View Base Plan Utilizing record information for street improvements, City aerial Geologic Information System (GIS) files, right-of-way information, and record utility drawings, prepare an existing base plan for all valve locations. The plan view generated for each location will cover 50 feet each way of the valve location along the street at non-intersection locations. At intersection locations plan view will cover 50 feet each way from each street corner. It is not anticipated to utilize field surveying and mapping services to prepare the existing base plans and therefore surveying is not included in this scope of services. Coordinate with CMWD to create a title block for the 8½” x 11” and 11” x 17” formats that the plan views will be presented upon. During this task a site visit will be conducted to compare the existing base plan generated from record drawings to actual field conditions, any discrepancies will be noted, and the base plan revised accordingly. DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 3 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 Task 4: 30% Design Kleinfelder will prepare 30% design documents. The 30% design will include: · Key plan/map · Existing and Proposed Plan views for each location on a 8 ½ x 11 format · Photo(s) of each location · Preliminary Opinion of Probable Construction cost · Project Specifications Table of Contents Kleinfelder will prepare a presentation to provide a 30% design workshop for CMWD to review the following items for each location: · Site constraints · Construction sequencing · Repair of asphalt · Identify bypassing or shut down requirements · Identify MARs, Blow-offs, and AVAs to be replaced at each location · Identify locations that may benefit from being relocated · Permitting considerations Task 5: 90% Design Upon CMWD’s review and approval of the 30% design, Kleinfelder will prepare 90% design documents inclusive of the following items: · Key plan/map · Plan and specific section views for each location on a 8 ½ x 11 format · Photo(s) of each location · Traffic Control Plans (TCPs) - It is anticipated that the traffic control plans will be prepared by the contractor. However, an allowance for traffic control engineering is provided for in our fee estimate in the event that traffic control plans are needed · General Erosion Control Details and General Notes · Prepare Project Specifications: o A bid schedule will be developed bid schedule worksheet in MS Excel format. o Where possible City of Carlsbad standard technical specifications will be used. Up to 5 project specific technical specifications will be prepared. o Project specific supplemental provisions. o Requirement for contractor to collect soil samples to contribute to City’s soil and corrosivity database. CMWD will provide information for Kleinfelder to incorporate. DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 4 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 o Requirement for contractor to collect AC pipe coupons and testing to contribute to City’s AC pipe database. CMWD will provide information for Kleinfelder to incorporate. o Requirements for Contractor to prepare a Construction Schedule (in MS Project or similar) identifying any critical sequencing and an estimated duration for each valve replacement based on feedback from construction sequencing submittal. · Updated opinion of probable construction cost · Prepare an anticipated Construction Schedule (in MS Project) identifying any critical sequencing and an estimated duration for each valve replacement. Task 6: Prepare and Submit 100% (Final) Complete Contract Documents Upon CMWD review and resolution of comments from the 90% submittal, Kleinfelder will prepare 100% (final) contract documents, signed and sealed and ready to be issued for bid, inclusive of the same items as the 90% submittal. Task 7: Asset Management Kleinfelder will coordinate with CMWD’s Asset Manager to provide information during design and construction that will become a part of the information to be populated in CMWD’s GIS system. One meeting has been included in this task. Kleinfelder will include language in the design documents that will require the contractor to record all needed asset information on the proposed work, per the direction of CMWD’s asset management group. Task 8: Assistance with NCTD Permit Processing Kleinfelder will coordinate with NCTD for sites that require an NCTD encroachment permit to replace a valve. Kleinfelder will coordinate with NCTD at the 30% design phase to determine if the site(s) require an encroachment permit. It is anticipated that after the 100% design phase, Kleinfelder will prepare and submit a permit application to NCTD for review. Any fees associated with the permit application will be paid for by CMWD. The contractor will be responsible for applying for and pulling the final NCTD encroachment permit(s). Task 9: Engineering Design Services through Bid Phase In response to CMWD requests, provide support services that may encompass one or more of the following during the bid phase: 1. Respond to Contractor Requests for Information: Respond to Contractor requests for information, in writing. This scope of services assumes response to up to five contractor requests for clarification. 2. Addendum Preparation: Provide input to assist with CMWD’s preparation and issuance of one addendum. DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 5 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 Task 10: Project Management Kleinfelder will provide general project management functions for these tasks, including design management/coordination, preparing and maintaining design budgets, preparation and maintaining design schedule, and submitting monthly invoices with progress report and budget summary of engineering services. Regular communications with CMWD will be facilitated through the Kleinfelder’s Project Manager and CMWD’s Project Manager. Our team and support staff are available to meet with CMWD personnel to discuss technical or administrative issues to keep the project on track. Project management will include a Quality Control/Quality Assurance Program to review the final preparation of the plans, specifications, and estimate. Design Meetings The following meetings are anticipated in which Kleinfelder will prepare meeting agenda/materials and meeting summary and action items for each: · Project Kick-Off Meeting · Three design phase meetings: o 30% Design workshop o Interim planning meeting o 90% Design review meeting ASSUMPTIONS 1. The following is not included in this scope of services: · Geotechnical services · Field surveying services · Testing Services · Potholing Services · Traffic Signal engineering services to repair damage to existing signals by Contractor 2. CMWD will provide GIS files which will be used to develop the base file. 3. NCTD review costs will be paid for by CMWD and the contractor will be responsible for pulling the final permit and all fees. 4. No Caltrans permitting will be required. 5. Traffic control plans will be prepared by the contractor. An allowance for up to 3 project specific traffic control plans is included in this scope of services. DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918_RMN EDITS Page 6 of 6 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 FEE The estimated budget for the scope of services described above will be $118,744. This task will be billed on a time and materials basis. Our budget was prepared using the Fee Schedule included in our Master Services Agreement with the CMWD for Water/Recycled Water Engineering Services. Please refer to the attachment A for the breakdown of the fee. SCHEDULE Please refer to attachment B for the proposed project schedule. DISTRICT PROVIDED INFORMATION 1. CMWD will supplement our research with record information that cannot be readily found in the City’s Records Management system. 2. CMWD will provide most up to date GIS files for Kleinfelder’s use and development of base files. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 45 days from the date of this proposal, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission. CLOSING Kleinfelder appreciates this opportunity to submit our proposal and looks forward to working with you. If you have any questions regarding this proposal, please do not hesitate to contact us at 619.831.4537. Sincerely, KLEINFELDER Kathy Haynes, PE Bryan Webb Contract Project Manager Task Order Manager Attachment A: Fee Estimate Attachment B: Design Schedule DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com ATTACHMENT A FEE ESTIMATE DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 FEE SUMMARYValve Replacement Project Phase IILABOR CATEGORYProject Manager/Principal EngineerProject EngineerAssociate EngineerAssistant Engineer Project AdminstratorTOTAL HOURS LABOR FEE UNIT AND EXPENSE FEE SUB-CONSULTANT FEE TOTAL FEEBilling rate ($/hr) $225.00 $170.00 $150.00 $125.00 $95.00TASK 1 - Field Reconnaissance28824 244$6,200 $224 $0 $6,424TASK 2 - Record Information & Data Collection24024 030$4,130 $0 $0 $4,130TASK 3 - Preparation of Existing Plan View Base Plan816060 084$12,020 $0 $0 $12,020TASK 4 - 30% Design24 40 0 90 4158$23,830 $0 $0 $23,830TASK 5 - 90% Design16 32 0 80 0128$19,040 $0 $13,000 $32,040TASK 6 - 100% Design812040 060$8,840 $0 $0 $8,840TASK 6 - Asset Management2808 018$2,810 $112 $0 $2,922TASK 7 - Assistance with NCTD Permit Processing 016024 040$5,720 $0 $0 $5,720TASK 9 - Engineering Design Services through Bid Phase212010 024$3,740 $0 $0 $3,740TASK 10 - Project Management and Meetings22 48 0 32 16118$18,630 $448 $0 $19,078LABOR HOURS86 196 8 392 22704FEE$19,350 $33,320 $1,200 $49,000 $2,090$104,960 $784 $13,000 $118,744DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 MW190077.001P/SDI19P100918 September 10, 2019 © 2019 Kleinfelder www.kleinfelder.com ATTACHMENT B DESIGN SCHEDULE DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 ID Task NameDuration Start Finish1Valve Replacement Project Phase II189 daysMon 10/7/19Thu 6/25/202Notice to Proceed0 daysMon 10/7/19Mon 10/7/193Kick-off Meeting0 daysMon 10/14/19Mon 10/14/194Task 1: Field Reconnaissance20 daysTue 10/15/19Mon 11/11/195Task 2: Record Information and Data Collection20 daysTue 10/15/19Mon 11/11/196Task 4: 30% Design Submittal45 daysTue 11/12/19Mon 1/13/20730% Design Preparation30 daysTue 11/12/19Mon 12/23/19830% Design Submittal0 daysMon 12/23/19Mon 12/23/19930% Design Workshop0 daysMon 1/6/20Mon 1/6/2010CMWD Review of 30% Design15 daysTue 12/24/19Mon 1/13/2011Authorization for 90% Design0 daysMon 1/13/20Mon 1/13/2012Task 5: 90% Design Submittal 50 daysTue 1/14/20Mon 3/23/201390% Design Preparation40 daysTue 1/14/20Mon 3/9/201490% Design Submittal0 daysMon 3/9/20Mon 3/9/201590% Design Review Meeting0 daysMon 3/16/20Mon 3/16/2016CMWD 90% Design Review10 daysTue 3/10/20Mon 3/23/2017Authorization for 100% Design0 daysMon 3/23/20Mon 3/23/2018Task 6: 100% (Final) Contract Documents15 daysTue 3/24/20Mon 4/13/2019100% Design Preparation15 daysTue 3/24/20Mon 4/13/2020100% Design Submittal0 daysMon 4/13/20Mon 4/13/2021Task 6: Set-up Asset Atribute Data Schema for Construction Data Collection65 daysTue 1/14/20Mon 4/13/2022Task 7: Assistance with NCTD Permit Processing 20 daysTue 4/14/20Mon 5/11/2023Task 9: Additional Engineering Desing Services through Bid Phase50 daysMon 4/13/20Mon 6/22/2032Task 10: Project Management 189 daysMon 10/7/19Thu 6/25/2010/710/1412/231/61/133/93/163/234/13SepOctNovDecJanFebMarAprMayJunJul4th Quarter1st Quarter2nd Quarter3rd QuarterTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: CMWD Valve ReplacemDate: Tue 9/10/19DocuSign Envelope ID: 679E6F26-22D6-4F99-AD76-6A0EAA7BD428 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. PSA19-604CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 5019-A This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder, Inc. ("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 December 1, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide project management and engineering services in accordance with the City of Carlsbad Engineering Standards, the Standard Specifications for Public Works Construction (Green Book) and the proposal dated November 14, 2018 (“proposal”), attached as Appendix “A” for the Valve Replacement: Phase I (formerly known as the Non-Standard Critical Valve Replacement Project), (the “Project”). The Project services shall include additional project management and engineering services during construction, production of final as-built record drawings and coordination of asset management information obtained during construction. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within one (1) working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred fifty (150) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager or General Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on monthly invoices. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $58,342. DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 December 24, 2018 PSA19-604CA General Counsel Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT VALVE REPLACEMENT: PHASE I TASK GROUP TIME & MATERIALS Task 1 – Construction Meetings $25,926 Task 2 – Construction Project Management $13,860 Task 3 – Final Walkthrough $7,720 Task 4 – Record Drawings $9,276 Task 5 – Asset Management Coordination $1,560 TOTAL (Not-to-Exceed) $58,342 CONTRACTOR KLEINFELDER, INC., a California corporation KLEINFELDER, INC., a California corporation (name of Contractor) (name of Contractor) *By:By: (sign here) (sign here) John Moossazadeh, Vice President John Murphy, CFO (print name/title) (print name/title) jmoossazadeh@kleinfelder.com jmurphy@kleinfelder.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ for Scott Chadwick, Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 December 24, 2018 MW190078.001P/SDI18P83782.docx Page 1 of 3 November 26, 2018 © 2018 Kleinfelder www.kleinfelder.com 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 November 26, 2018 Kleinfelder Project No. MW190078.001P Ms. Cathy Nhothsavath Assistant Engineer Public Works Department City of Carlsbad 5950 El Camino Real Carlsbad, California 92008 SUBJECT: Master Services Agreement for Water/Recycled Water Valve Replacement Project (Phase 1), Task Order No. 1 Dear Ms. Nhothsavath: In accordance with your request, Kleinfelder, Inc. presents this task order proposal for the above- mentioned project as part of our Master Services Agreement with the Carlsbad Municipal Water District (CMWD). Included in this proposal is a brief summary of our understanding of the project, the scope of services, assumptions, and our estimated fee. Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees. PROJECT DESCRIPTION As a part of their asset management program, CMWD has identified numerous valves in their system that require replacement. Kleinfelder’s scope of services from the previous Task Orders included field reconnaissance, record information and data collection, preparation of existing base plans, preparation of a technical memorandum for valve replacements, preparation of construction drawings and specifications, preparation of a cost estimate, NCTD permitting support, assistance in asset attribute data schema for construction data collection and construction administration services. As an extension of the scope of services mentioned above, we will provide additional effort to assist CMWD with Project Management during construction, production of as-built record drawings, and coordination of asset management information obtained during construction. Appendix "A" DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 MW190078.001P/SDI18P83782.docx Page 2 of 3 November 26, 2018 © 2018 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 SCOPE OF SERVICES Our detailed proposed scope of services is summarized below, and is based upon the construction completion by March 2019. Task 1 Construction Meetings Kleinfelder will attend additional meetings to assist in the management during construction phase. The expected level of effort is: a. Participate in weekly construction meetings and additional coordination meetings. Anticipated to attend 21 additional meetings through March 2019 (21 weeks) at 4 hours per meeting. b. Participate in conference calls for outreach support. Anticipated to attend 10 conference calls at 1 hour per meeting. Included in this task is time for review of shutdown requests and shutdown maps to support the outreach, anticipated 3 hours per week, through March 2019 (21 weeks). Task 2 Construction Project Management Kleinfelder will continue to provide overall construction engineering project management. We anticipate 4 hours per week through March 2019 (21 weeks) for construction coordination. Task 3 Final Walkthrough Kleinfelder will conduct a final walkthrough of all 20 sites, estimated to be 2.5 hours per site (including time for travel). The walkthrough will document and confirm site conditions for development of record drawings. Task 4 Record Drawings Kleinfelder will prepare Record Drawings for the project, all changes from Conformed Drawings as a result of As-Built Drawings, Bulletins, and Field Change Orders will be incorporated into a final set of electronic and hard copy drawings. Changes will appear unmarked (not bubbled) as if part of the original bid documents and shall have a “RECORD DRAWING” stamp indicating the date of completion. Kleinfelder will provide one complete set of Record Drawings in PDF file format, one complete set in AutoCAD version 2018 LT file format, and two complete hard copies properly scaled. The task is estimated to take 2.5 hours per site (total of 20 sites). Additionally, included are 4 hours of Senior Engineer and 4 hours of Project Manager review of the drawings for quality control. Task 5 Asset Management Coordination Kleinfelder will coordinate the delivery of asset management data obtained during construction to the CMWD’s GIS / Asset Management group for updating of their records. This was estimated for an additional 8 hours of review and 2 hours of coordination. DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 MW190078.001P/SDI18P83782.docx Page 3 of 3 November 26, 2018 © 2018 Kleinfelder www.kleinfelder.com KLEINFELDER 550 West C Street, Suite 1200, San Diego, CA 92101 p | 619.831.4600 f | 619.232.1039 ESTIMATED BUDGET The estimated budget for the scope of work described above is $58,342 and is attached herein. Our budget was prepared using the Master Agreement Rate Schedule included in our agreement with the CMWD. Kleinfelder will provide the CMWD with monthly invoices based on the level of effort expended each month. It is our expectation that the scope of work for the tasks outlined herein will be completed under a new Task Order (TO). LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’ s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 45 days from the date of this proposal. This proposal was prepared specifically for CMWD and its designated representatives and may not be provided to others without Kleinfelder’s express permission. CLOSING Kleinfelder appreciates this opportunity to submit our proposal and looks forward to working with you. If you have any questions regarding this proposal, please do not hesitate to contact us at 619.831.4587. Sincerely, KLEINFELDER John Moossazadeh, P.E. Rachel Norris San Diego Area Manager Project Manager Attachment: Fee Estimate DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 MW190078.001P/SDI18P83782.docx November 26, 2018 © 2018 Kleinfelder www.kleinfelder.com FEE ESTIMATE DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 FEE SUMMARYCMWD Valve Replacement 0 0 0LABOR CATEGORYProject Manager Senior Engineer Associate EngineerTOTAL HOURS LABOR FEE LAB FEEUNIT AND EXPENSE FEESUB-CONSULTANT FEE TOTAL FEEBilling rate ($/hr) $225.00 $180.00 $150.00Task 1 - Construction Meetings0 40 117157$24,750$0$1,176$0$25,926Task 2 - Construction Project Management0 42 4284$13,860$0$0$0$13,860Task 3 - Final Walkthrough0 2 4850$7,560$0$160$0$7,720Task 4 - Record Drawings4 4 5058$9,120$0$156$0$9,276Task 5 - Asset Management Coordination 0 2 810$1,560$0$0$0$1,560LABOR HOURS4 90 265 359LABOR FEE$900 $16,200 $39,750 $56,850$0$1,492$0$58,342DocuSign Envelope ID: A1FFB61E-EEAF-444E-B702-BF715C1592F2 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. PSA 19-604CA MASTER AGREEMENT FOR WATER/RECYCLED WATER ENGINEERING SERVICES KLEINFELDER, INC. THIS AGREEMENT is made and entered into as of the ~~ day of :N O\r:£\M~tt---; 2018, 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, hereinafter referred to as "CMWD", and Kleinfelder, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a consulting firm that is experienced in water and recycled water engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to water and recycled water engineering. D. 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 for a period of three (3) years from December 1, 2018, through November 30, 2021. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (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 General Counsel Approved Version 6/12/18 PSA 19-604CA 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. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per agreement term. 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 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. 2 General Counsel Approved Version 6/12/18 PSA 19-604CA 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 attorney's 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 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. 3 General Counsel Approved Version 6/12/18 PSA 19-604CA 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 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 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. 4 General Counsel Approved Version 6/12/18 PSA 19-604CA 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. ForCMWD: Name Eleida Felix Yackel Title Senior Contract Administrator Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2767 For Contractor: Name Marc Weinberger Title Project Manager Address 550 West C Street, Suite 1200 -------~----- Phone Email San Diego, CA 92101 619-831-4600 mweinberger@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 City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and 5 General Counsel Approved Version 6/12/18 PSA 19-604CA 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 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 6 General Counsel Approved Version 6/12/18 PSA 19-604CA 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 CMWD 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. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill I II Ill I II Ill Ill Ill Ill Ill 7 General Counsel Approved Version 6/12/18 PSA 19-604CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of ___________ , 2018. CONTRACTOR Kleinfelder, Inc., a California corporation By9· , ______ ,/,· ~ .)~~t:~ (sign%r.e) 3cL" /\,\;v csr,,; ·-.z..t<J,.g__t~ , Sv. Vi? (print name/title)' (sign here) <\"'\ <.? L G \ ~'ice..\ c~~'"'\~l-e \J,-~C.~"'WlL... t P....-.\~~..J-~Cc. (print 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: 1ttr.~ att Hall, President ATTEST: 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 Counsel 8 General Counsel Approved Version 6/12/18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Sa W"\ :t::> \. ee,c.,l } On \ 0 -u \ -ci. c, \ f; before me, Sc..'""'°'Ot\,,,.G\. S9'-&J'-fC C N c. \C\. r ';f Date Here Insert Name and Title of the Officer personally appeared ____ D~_C<--'-~~-~B~-r_cc.~"'--l"V"\_~S~C----------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~whose name,are subscribed, to the within instrumen nd acknowledged to me that@she/they executed the same in i her/their authorized capacity(i:_1and that by@her/their signaturej81 on the instrument the perso , or the entity upon behalf of whic~~~' person_practed, executed the instrument. 1············1 SAMANTHA P!YANNE SAWYER :@ .. ~, Notary Public -Californiil 2 } :·· San Diego County ! · . . Commission# 2230124 My Comm. Expires Feb 2, 2022 Place Notary Seal and/or Stamp Above 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. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer -Title(s): ______ _ • Partner -• Limited • General D Individual D Trustee D Other: • Attorney in Fact • Guardian of Conservator Signer is Representing: _________ _ Signer's Name: D Corporate Officer -Title(s): ______ _ • Partner -• Limited • General D Individual D Trustee D Other: • Attorney in Fact • Guardian of Conservator Signer is Representing: _________ _ o:o:o 0:0:0lOOfflffl:11:~:o:o:o:o:o:o:0:0:o:o u:1J:o:o:o:o:o:o:o:o:o:o:o:o:o:o:~ ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ~ Y"'\ ~\· C?§C On \d -0'3-°olO \~ before me, Date } ~VV\O\r"-\-~ S-~~'--/C,..-, Notc,.r ~ Here Insert Name and1Title of1the Officer M,lb\,c_ personally appeared ____ =s=~~6~V"\~V'\......__~~~~O-S~::S.~q-"l.....~9,~~~~~h~---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{:,(whose name~ "57}lre subscribed to the within instrument and acknowie ed to me that~she/they executed the same in<t1§11ier/their authorized capacityvefs), and that by is/ er/their signature'8f on the instrument the personM, or the entity upon behalf of which the person~ ac ed, executed the instrument. 1············f . _ SAMANTHA RYAN NE SAWYER : a·~~ Notary Public -California z J , ~1 San Diego County ! '-· . Commission # 2230124 My Comm. Expires Feb 2. 2022 Place Notary Seal and/or Stamp Above 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 __ A4--Q __ ~-----k---~-+------ Signature of N~ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Corporate Officer -Title(s): ______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited • General • Partner -• Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2017 National Notary Association PSA 19-604CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of water and recycled water engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Constructability Review/Owner's Representative B. Dam/Dam Improvements/Reporting/Emergency Action Plan Support C. Pressure Reducing Stations D. Recycled Water Systems Design and Modeling E. Recycled Water Retrofits F. Regulatory Agency Coordination/Reports/Studies G. Tank and Reservoir Studies and Design H. Water System Design and Modeling Requests for work not listed above must be contracted under separate agreement. 9 General Counsel Approved Version 6/12/18 PSA 19-604CA RATE SCHEDULE . . MASTER AGREEMENT RATE SCHEDULE Prices valid through December 31, 2021 ------ STAFF NAME: ·., ... 1 Ed Matthews 2 Duff Joseph 3 Sava Nedic 4 Richard VanderSchaaf 5 Robert Motschall 6 Marc Weinberger 7 Charlie Larson 8 Jeffrey Woon 9 Mark Plotnikiewicz 10 Miguel Colon 11 Laura Nolan 12 Rachel Norris 13 Aaron Johnson 14 Cliff Clermont 15 Art Garcia 15 Shawn Stewart 16 Bryan Webb 17 Bardia Hashemi 19 Trevor Shackelford 20 Ciara Pino 21 Mark Decastro 22 Laura Anderson 1 Alex Bucher/ Aegis EM 2 Tranh Huynh/Aegis EM 3 Mark Hueth/Aegis EM 4 Joe Moraes/Moraes Pham 5 Tracy Adams/ Moraes Pham 6 Gerry Green/ Moraes Pham 7 Scott Nelson/ Moraes Pham 8 Andrew Herrera/Moraes Pham 9 Dan Gero/ Moraes Pham 10 Ignacio Baiz/Moraes Pham 11 Brian Briones/V&A Consulting Engineers, Inc. 12 Clinton McAdams/V&A Consulting Engineers, Inc. Page l 10 .. - ---- TITLE .. . . .. ·· ·._. ,·J'iol.l'RlY'RATE Principal-in-Charge $255 Senior Principal Engineer $250 Senior Principa[ Engineer $250 Senior Principal Engineer $250 Senior Principal Engineer $250 Project Manager $225 Principal Engineer $225 Principal Engineer $225 Principal Engineer $225 Principal Engineer $225 Principal Engineer $225 Senior Engineer $180 ProJect Engineer $170 Project Engineer $170 Project Engineer $170 Associate Engineer $150 Associate Engineer $150 Associate Engineer " $150 Associate Engineer $150 Assistant Engineer $125 CADD Technician $100 Project Administrator $95 Project Manager $150 Assistant Engineer II $120 AWWA Cross-Connection Specialist/Inspector $107 Principa I-in-Charge $200 Principal Electrical Engineer $200 Principal Electrical Engineer $200 Principal Electrical Engineer $200 Engineer $150 CADD $100 CADD $100 Project Manager $232 Project Engineer $194 City of Carlsbad-Master AgreementConsultingServices (city of Discipline 25-Water/Recycled Water Engineering Services Carlsbad C~lifo~ni.zi -----~----~----· -----·---·--·-··. I RATE SCHEDULE .. . -~ 13 Michael Schlumpberger/Right-of-Licensed Land Surveyor, Office $140 Way Engineering 14 Joshua Tatman, Right-of-Way Survey Supervisor, Office $120 Engineering 15 Right-of-Way Engineering Field Surveyor $205 16 Right-of-Way Engineering Survey Technician, Office $105 17 Right-of-Way Engineering Field Survey, Control and Large Boundary $365 1 Mileage $0.545 per mile 0 2 All Other Costs At Cost 10% Note: Hourly charges include provisions for normal overhead costs such as fringe benefits, office rental, utilities, insurance, clerical services, equipment, normal supplies and materials, and in-house reproduction services. Page I 11 City of Carlsbad -Master ;,_greement Consulting Services (ci!Y of Discipline 25-Water/Recycled Water Engineering Services Carlsoad C ti l if or r, i .i. ____, I DATE(MM/00/YYYY) AC:C,R~• CERTIFICATE OF LIABILITY INSURANCE 0312912018 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Insurance services West, Inc. PHONE (866) 283-7122 I Fffc. No.I: (800) 363-0105 LOS An~eles CA Office (A/C. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: LOS Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA: The continental Insurance company 35289 The Kleinfelder Group, Inc INSURER B: National Fire Ins. co. of Hartford 20478 550 west c street, suite 1200 INSURERC: American casualty co. of Reading PA 20427 San Diego CA 92101-3532 USA INSURER 0: Lloyd's syndicate No. 2001 AA1128001 INSURERE: 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 PcRIOD 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 l'N~"' TYPE OF INSURANCE INSo wvo POLICY NUMBER l~~in-Wn ,,~~ LIMITS LTR B X COMMERCIAL GENERAL LIABILITY I OU~/ ).l)OJJ U4/U.l/LUU I U4/Ul/ LUJ.~ EACH OCCURRENCE $1,000,000 -=:J CLAIMS-MADE 0occuR u"iw<uE TO ~~,. ~u $1,000,000 PREMISES tEa occurrence\ -MEO EXP (Any one pe~on) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ POLICY 0 ~:z.r 0 LDC PRODUCTS · COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6057515836 04/01/2018 04/01/2019 CO~BINEO SINGLE LIMIT $1,000,000 IEa accident\ -BODILY INJURY ( Per pe=n) X ANY AUTO -OWNED -SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS --NON-OWNED PROPERTY DAMAGE HIREDAUTDS /Per accident) -ONLY -AUTOS ONLY A X UMBRELLA LIAS ., I ~ OCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $2,000,000 DEO \ X I RETENTION Sl0, 000 C WORKERS COMPENSATION ANO WC6057169108 04/01/2018 04/01/2019 X lt~fTlJTE I IOTH-EMPLOYERS" LIABILITY Y/N (CA) ER C AtfY PROPRIETOR/ PARTNER/ EXECUTIVE ~ WC6057169111 04/01/2018 04/01/2019 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) (AOS) E.L. DISEASE-EA EMPLOYEE $1,000,000 ~irc~l;;-l=i'b~ ~l:!,PERATIONS below E.L. DISEASE.POLICY LIMIT $1,000,000 0 Env CPL/Prof PSDEF180064 7 04/01/2018 04/01/2019 Each claim $2,000,000 Claims-Made Policy Aggregate $2,000,000 SIR applies per policy ter '15 & condi ions DESCRIPTION OF OPERATIONS/ LOCATtoNS I VEHICLES (ACORD 101, Addftlonal Remarks Schedule, may be attached if more space ls required} RE: Projects as on file with the insured includin~ but not limited to Job No. 20161803, El Camino Real Bridge Widening. The city of carlsbad/CMWO is included as Additiona Insured in accordance with the policy provisions of the General Liabilit4 policy. The General Liability evidenced herein is Primary and Non-contributory to other insurance available to an Additiona Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of the certificate Holder in accordance with the polic4 provisions of the workers compensation policy. see Attached for Notice of cancellation Provisions. see Attached for compete List of Named Insureds. CERTIFICATE HOLDER city of carlsbad/CMWD c/o EXIGIS Insurance compliance services P.O. BOX 4668 -ECM #35050 New York NY 10163-4668 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 7 LL CD <( ... CII !E 'E CII :!:! ... CII 'C 0 :c r--0 I r--8 r--l{) V ./ ,----------------------- AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED 1--A_o_n_R_,_·s_k_I_n_s_u_ra_n_c_e_s_e_r_v_i_c_e_s_w_e_s_t_,_I_n_c_. _______ -1The Kleinfelder Group, Inc POLICY NUMBER see Certificate Number: 570070644307 CARRIER see certificate t:Jumber: 570070644307 I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS . THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder west, Inc. Kleinfelder central, Inc. Geosystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder southeast, Inc. s EA consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. NAMED INSURED SCHEDULE 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 Drilljng, Inc. Corrigan consulting, Inc. Simon Wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. Red oog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. ,____ 927278 Alberta Ltd. -9437-39-Alberta Ltd o/a Hood Engineering 94 3 7 4 3 Allrerta-Ltq..,_ 950347 Alberta Ltd. oJa-ttood~ 1833383 Alberta Ltd. ----------- . . ~: :· ,; : : ' : ....... , :1:: Page_ of_ Kleinfelder construction services, Inc. --------wells Environmental services, Pty Ltd. ,;;:-_______________ _______________ Alliance Environmental Engineering & consulting Pty Ltd. Insi te Environmental , Inc. · EcoBiological Pty Ltd. Littoria Pty Ltd. r------Lerista Pty Ltd. 1 Kowalski Engineering, Inc. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED. is amended to include as an Insured any person or organization 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. " · ••• , l ~ O. ·: ::;: 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 onlywith respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises :..: .,· r r·, ·•< ,-~ · A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. CNA74858XX (1-15) Page 2 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to 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 lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or th.e offense giving rise to such personal and· advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises · An owner or lessor of premises leased to the Named Insured, or ·such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or [eceiver's liability for bod,ily injury, property damage or pe~sonal and advertising injury arising out of the · ,...,N~ffisured!s-ownedfil[J'.)trnaintenance~·or use of a premises· by i,{Named·Jnsured.•' ---.. -· · · · · · The c?_verage wanted by ~t-apply-t~~lterations, new construction or demoht1on operations performed by, on behalf of, or for such add1t1onal insured:-. ------------~ H. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: · · · a. the existence, maintenance, repair, construction, erection, or removai of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways,. manholes, marquees, . hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA? 4858XX (1-15) Page 3 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. the construction, erection, or removal of e_levators; or C. the.ownership, maintenan~~ or use·ofanyelevators"cove"red.bythis insurance; or 2. the permitted or authorized operations performed by a Named Insured or.on a Named lnsured's behalf . • • ·, • • • • • t • • ' The coverage granted by this paragraph does not ·apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written _______ cg~~~ct .9.~}l~,r:_e_em,~nt_, !_~~.J_r},s~r~n\'.i,I! _t_r:~~~ -~-~,.a y.'ri~-~!"! .• 99~ti:i:1.~L~pr, g~y~r,r:i!"!l~~!~.1 __ µ,e~_it that_r_~quires the Named Insured to add the governmental entity as an add1t1onal insured. I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's a~ts or omissions;· or :. _,. b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. · · · · ·· · 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 insur~d's own insurance, then this insurance is primary, and the Insurer will not seek contribution from ihat ·other ·insurance. For the· purpose of-1his·Provision-2;; the-additionaHnsured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED -EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual: then his cir her.spouse is ari insured; b. A partnership or joint venture, then its partners, members ~nd thei~ spous~s ar~ Insureds; c. A limited liability company, then its members and managers are·1nsureds; or CNA74858XX (1-15) Page 4 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided 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"inju'ry caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of yo~r 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.-aJJjgher limit of insurance than required by the written contract. Ill. The insu~this--endorsernent to the additional insured does not apply to bodily injury, property damage, or personal and advertising ~ing-out-o~ A. the rendering of, or the failure to render, any professional architectural, engme-ering,or_s rve ing services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work _for which the additi.onal insured is specifically listed as an additi9nal insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or· Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which th1:1 additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled C.OMMERCIAL 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 additiorial insured· has for arty loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. . ·--. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy, CNA75079XX (1-15) Page 2 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP I INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA WORKERS COMPENSATION II < • -, ' .,:';. -• ~: • ... L 2~ ' :_ ,,, .. :,B½•\~i<¢-r. wi{~~~@ : ~· (',, ' ..... ~ .. Jo. JI• ~ • ---------------.c:I 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 ~1.~n-~~!_~aiv~_r.ofSIJl?.ili_g~fun P~f_~,ri~~-g~harge 2%. All other terms and conditions of the policy remain unchanged. I ----------------~---------- jThis endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, 1takes 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) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No:r:---:::-·--.- Underwriting Company: :America.ii' Casualty Company of Reading, PA Policy No: WC6057J&9108, __ _ Policy Effective Date:; ____ ~: 04/01/2018 © Copyright CNA All Rights Reserved.