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Kleinfelder-Simon Wong Engineering; 2016-09-29; TRAN1476
TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 23 PALOMAR AIRPORT ROAD WIDENING PROJECT NO. 6044 This twenty-third Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 15, 2020, (“proposal”), attached as Appendix "A" for the Palomar Airport Road Widening Project No. 6044, (the “Project"). The Project services shall include additional Construction Management and Inspection services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 by September 28, 2020. 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 Director or City 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 work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $65,536. DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A July 6, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A TRAN1476 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT PALOMAR AIRPORT ROAD WIDENING PROJECT NO. 6044 TASK GROUP TIME & MATERIALS Construction Management & Inspection Service $65,536.00 TOTAL (Not-to-Exceed) $65,536.00 CONTRACTOR Kleinfelder Construction Services, Inc. Kleinfelder Construction Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Luis J. Armstrong/President & CEO Deborah S. Butera/Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A July 6, 2020 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 June 15, 2020 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey, LEED AP Municipal Projects Manager SUBJECT: Palomar Airport Road Widening Project – Additional Funds Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Palomar Airport Road Widening project. This request is for additional funds to cover the extended duration of the project and additional project coordination that was not included in our original scope of services. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz, PE, QSD – Project Manager/Schedule Reviews •Shawn Stewart – Civil Inspector (Lead) •Joe Axtell – Civil Inspector (Alternate) •Gary Elliott – Electrical Inspector Mark Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Plotnikiewicz will serve as Project Manager for the project as well as provide schedule review services. Shawn Stewart will serve as the Civil Inspector (Lead) for the project. He brings extensive construction inspection experience and a strong background in the supervision of public works projects, including recently completing several projects for the City of Carlsbad such as the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17) and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. He has been involved on multiple public works projects and has experience in overseeing the installation of electrical systems and TRAN1476 Appendix A DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. Joe Axtell is currently serving as the Civil Inspector on the 2018 Pavement Overlay (Rebid) project and is proposed as the Civil Inspector (Alternate) for this project. He also has extensive experience as an inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell worked as a Paving Foreman for an asphalt company, which has provided him an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. All of the proposed staff are currently working on the Palomar Airport Road Widening project and are proposed to provide project continuity. Resumes for Mr. Plotnikiewicz, Mr. Stewart, Mr. Axtell, and Mr. Elliott are attached for your review. KCS possesses additional qualified inspection staff should other project needs arise, or additional staff be required by the City. Our attached scope of work and fee submittal are based on an October 2020 completion date and assume we will have a project inspector covering the night work and an additional inspector providing coordination during the day. We have assumed Monday through Friday will be considered the working days on the Project. We look forward to continuing our relationship with the City of Carlsbad. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project – Additional Funds KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Palomar Airport Road Widening – Additional Funds CLIENT: City of Carlsbad DATE: June 15, 2020 PROJECT DESCRIPTION The project consists of widening Palomar Airport Road from the I-5 NB On/Off ramps to Paseo Del Norte in the City of Carlsbad. The contract work includes the following: •Public notification •HMA mix design •Traffic control •Demolition •Full depth paving •Cold mill and overlay •Concrete curb and gutter •Sidewalk •Drainage •Water service/backflow preventer •Raise utilities to grade •Traffic signal video detection •Traffic loops •Signing/Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). •Project Schedules: KCS’ Project Inspector and Project Manager will review the monthly schedule updates and focus on areas that may impact the critical path. We will provide comments to the City, as requested. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project – Additional Funds •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.2 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project – Additional Funds contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.3 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.3 CM and Administrative Duties 8000 $1,536.00 1.4 Perform Field Inspection / Documentation 0 0 400 0 $64,000.00 1.5 Complete Final Reports / Closeout Files 0000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 8 0 400 0 0 $65,536.00 Total Hours: 408 $65,536.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Palomar Airport Road Widening - Additional Funds Notes: Estimate is based on a project completion in October 2020. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Senior Inspector hours include both the Civil Inspector and the Electrical Inspector. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 6/15/2020 TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Shawn Stewart Senior Inspector Shawn Stewart has 28 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. City of Carlsbad ADA Improvements Program (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities include field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project includes work Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. City of Laguna Hills Citywide Asphalt Concrete Rehabilitation/Slurry Seal Project 2007 (Laguna Hills, CA) Mr. Stewart served as an Assistant Resident Engineer on this pavement rehabilitation/slurry seal project for the City of Laguna Hills. He was responsible for identifying areas of existing pavement for rehabilitation, inspecting the removal and replacement of the AC structural section, and monitoring the Type 2 slurry seal application. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. SANDAG On-call Construction Management Services, Green Line Station Platform Modifications (San Diego, CA) Mr. Stewart served as a Civil/Station Inspector on the Green Line Station Platform Modifications project. This $8.5M project consisted of modifications to eight stations to accommodate new low floor vehicles. Mr. Stewart was responsible for inspection of all work items on the platform modifications, including demolition, excavation, trenching, grading, structural, and minor concrete, as well as AC paving and placement of station amenities. Mr. Stewart also represented SANDAG through their Public Outreach Program, communicating with residents, homeowner associations, and local businesses throughout the duration of the project. TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Joe Axtell Senior Inspector (Alternate) Freeman Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction, and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Mr. Axtell was responsible for calculating the number of trucks required to haul asphalt from the mix plant according to capacity of vehicles, traffic conditions, distance from work site, and productivity of drivers; monitoring the work, verify adherence to project schedules, identifying insufficient utilization of workers and equipment; measuring slope and thickness of paving to verify compliance with contract; supervising workers engaged in patching asphalt paving; and instructing new and existing team members of efficiency, personal conduct, safety policies, as well as comprehension of equipment and tools required for the job. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A Gary Elliott Electrical Inspector Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. His areas of expertise include project management, electrical systems controls, intelligent transportation systems, and transportation electrical infrastructure. Mr. Elliott's experience includes overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. His management duties have included bid reviews, project budgets, submittals, procurement, change order estimations, change order negotiations, project analysis, billing, and verification of field installations. Mr. Elliott excels at managing communications; working with intelligent transportation system installations (ITS); and developing working relationships with agency inspectors, design engineers, and supervisory staff. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit, Segments 1B, 2A/2B, 1A (San Diego, CA) Mr. Elliott serves as Senior Electrical Inspector for all segments of the SANDAG South Bay Bus Rapid Transit (SBBRT) project. When completed, SBBRT will include 11 stations along a 26-mile route, connecting residents to employment and activity centers between Downtown and the South Bay in San Diego, California. Segment 1B includes three stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista. Segment 2A/2B includes major features such as two new BRT stations and an elevated structure over SR-125. Segment 1A will complete the last portion of the nearly six-mile long dedicated BRT guideway along East Palomar Street and includes 51 Franchise utility relocations. All segments feature grading; drainage and wet utility improvements; roadway improvements; traffic signal modifications including Transit Signal Priority technology, electrical, and communications; bus stop shelters and station amenities; signage and striping; landscape; and irrigation. Mr. Elliott’s responsibilities include inspection of all electrical systems including communications duct bank, message signs, canopy lighting, area lighting, and various patron interface field elements at station locations, including inspection and commissioning activities for 12 traffic signal modifications and 50 streetlights for Segment 1B. Communications systems included project wide fiber optic cable installation, termination, and documentation. Additionally, Mr. Elliott served as Lead Traffic Signal, Electrical, and Communication Systems Reviewer for the constructability review of Segment 1B. As part of a multi-disciplined team, he thoroughly reviewed the project plans, specifications, and estimates to provided comments related to all traffic signal, electrical, and communication elements of the project. SANDAG On-call Construction Management Services, Mid-City Rapid (San Diego, CA) Mr. Elliott served as Senior Electrical Inspector on the $11M SANDAG Mid-City Rapid project, which provided the infrastructure to support the operation of the new Mid-City Rapid bus service running between San Diego State University and downtown San Diego through some of the City’s oldest and most densely populated communities. The new bus line offers increased service frequency, faster travel times, and enhanced passenger amenities. Improvements included underground wet utility construction; roadways; traffic signal construction with transit signal priority technology; street lighting; and 18 bus stations with amenities, including platform paving, shelters, site furnishings, signage, lighting, and landscaping. Mr. Elliott was responsible for overseeing all electrical construction management, as well as inspection and commissioning of all traffic signals, shelters, fiber optic communications, optical bus detection, and Traffic Signal Priority (TSP) controllers. Education/Professional Registration AGC Project Management Certificate Course, 2010, Palomar College Electrical Apprenticeship, 1983, San Diego Community College ACI Certified Concrete Field Testing Technician – Grade 1, No. 01271643 (Exp. 1/23/2021) ACI CRSI Adhesive Anchor Installer, No. 01271643 (Exp. 1/23/2021) TRAN1476 Appendix A (continued) DocuSign Envelope ID: 52EBFFDA-99A3-431A-B9B3-936C8FE7FF0A 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 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 04/01/2021Y6057515853 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 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: 04/01/2020 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: 04/01/2020 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 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 the 10-01 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 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. 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 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.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 3.make available any other insurance, and 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 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 amended to add the following definition: Written contract means a written contract or written agreement that requires you 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 (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 person or 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-contributory basis 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 Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4677 t June 17, 2020 Via DocuSign: LArmstrong@kleinfelder.com Louis Armstrong, President & CEO Kleinfelder Construction Services, Inc. 5761 Copley Drive, Ste. 100 San Diego, California 92111 Reference: Task No. 20 to TRAN1476 for Construction Management Service For 2018 Pavement Overlay No. 6001-18OL Close Out Dear Mr. Armstrong: Subject: Approval of Time Extension The City of Carlsbad is requesting a time only extension to complete work under Task No. 20 to TRAN1476 for Construction Management Service for 2018 Pavement Overlay No. 6001-18OL Close Out until July 15, 2020. All other provisions and requirements of the Agreement, will remain in full force and effect. Please sign below indicating KLEINFELDER CONSTRUCTION SERVICES, INC. is in acknowledgement and agreement to extend Task No. 20 to TRAN1476 for Construction Management Service For 2018 Pavement Overlay No. 6001-18OL Close Out date through July 15, 2020. Sincerely, ________________________________ __________________________________ Paz Gomez Kleinfelder Construction Services, Inc. Deputy City Manager, Public Works President & CEO Attachment cc: Emily Hasegawa, Municipal Projects Manager Hank Gentile, Kleinfelder Construction Services, Inc. DocuSign Envelope ID: 61FB4C94-6874-4C3C-957B-887974A44DC3 TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 22 STATE STREET DRAINAGE IMPROVEMENTS PROJECT NO. 6608 This twenty-second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated , (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspeciton 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 Jan. 31, 2020, (“proposal”), attached as Appendix "A" for the Northwest Quadrant Storm Drain Improvement Program, (the “Project"). The Project services shall include Traffic Control, Public Outreach, Storm Drain and inlet Construction, Curb, Gutter, and Sidewalk Construction, Coldmilling/overlaying the existing roadway. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within fourty five (45) 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 Director or City 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 work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $73,136. DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 March 23, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 TRAN1476 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECITON SERVICES TASK GROUP TIME & MATERIALS Construction Management & Inspection Services $73,136 TOTAL (Not-to-Exceed) $73,136 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Luis Armstrong, President / CEO Deborah Butera / Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 March 23, 2020 City Manager 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 January 31, 2020 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey, MPA, LEED AP, QSP Municipal Projects Manager SUBJECT: Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) – Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Northwest Quadrant Storm Drain Improvement Program (Project No. 6608). We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Raphael Perez - Senior Inspector •Joe Axtell – Alternate Senior Inspector Mr. Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Perez has over 18 years of construction management and inspection experience with a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has delivered both Local Agency and Caltrans projects using the Greenbook and Caltrans standards as a Civil Inspector, Structures Inspector and Assistant Resident Engineer. His roles on this project will include inspection of the work, daily documentation, and document filing. Mr. Axtell is included as an alternate to serve as a backup inspector if scheduling conflicts arise. Joe is currently serving as the Civil Inspector on the City of Carlsbad 2018 Pavement Overlay (Rebid) project and the 2019 Slurry Seal project. He also has extensive experience as a lead inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell previously worked as a Paving Foreman for an asphalt TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 company, which has provided him an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. Resumes for Mr. Plotnikiewicz, Mr. Perez, and Mr. Axtell are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 45 working days. We have assumed Monday through Friday will be considered the working days on the Project, based on the information provided in the contract documents. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) CLIENT: City of Carlsbad DATE: January 31, 2020 PROJECT DESCRIPTION The project consists of installing PVC storm drain pipeline with catch basins, removing and replacing sidewalk and curb and gutter, and coldmilling/overlaying the roadway. This work is in the City of Carlsbad on State Street from Grand Avenue to Carlsbad Village Drive in the heart of the Carlsbad Village Business District. This work includes the following elements: •Traffic control •Significant public outreach •Storm drain and inlet construction •Curb, gutter, and sidewalk construction •Coldmilling/overlaying the existing roadway CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 2 8 0 $1,568.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 6 60 0 $10,032.00 1.4 Perform Field Inspection / Documentation 0 0 360 $57,600.00 1.5 Complete Final Reports / Closeout Files 2 16 0 $2,752.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 10 92 360 0 0 $73,136.00 Total Hours: 462 $73,136.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) Notes: Estimate is based on 45 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Project Manager Civil Inspector (Non-PW) Civil Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 1/31/2020 TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) Rafael Perez, QSP, CESSWI Civil Inspector Rafael Perez has more than 18 years of bridge construction experience, involving delivering both Local Agency and Caltrans projects Greenbook and Caltrans Standard Specifications as Civil Inspector, Structures Inspector, and Assistant Resident Engineer. He is proficient in various manuals including the Manual of Uniform Traffic Control Devices (MUTCD), Greenbook, and Caltrans manuals such as the Construction Manual, Construction Site Best Management Practices Manual, SWPPP and WPCP Manual, Safety Manual, and the Trenching and Shoring Manual. RCTD Scott Road/I-215 Interchange Project (Menifee, CA) Mr. Perez served as a Field Inspector for this $57.8M project, which consists of widening Scott Road from west of Haun Road to east of Antelope Road including replacing the existing overcrossing bridge, reconfiguring the on and off ramps, and extending the ramps termini of the ramps Jointed Plain Concrete. Mr. Perez performed inspection for new drainage systems [RCP, HDPE pipes], irrigation systems, landscaping, and the removal and installation of metal beam guard rail, traffic signals, video detection system, and sidewalks. Additionally, he reviewed and responded to submittals, RFIs, processed and negotiated change orders, reviewed mix designs for concrete and hot mix asphalt (HMA), prepared and maintained project filing system to meet Caltrans requirements, and scheduled testing and inspection for materials used. Mr. Perez was also responsible for overseeing surveying, project filing, SWPPP inspection, maintaining accurate as- builts, enforcing projects safety, and providing public relations with the City of Menifee. Caltrans District 8/RCTC/City of Corona SR-91 and I-15 Express Lanes (Corona, CA) Mr. Perez served as an Assistant Structures Representative on this 91 Express Lanes project, which added two tolled express lanes in both directions to SR-91 in Corona, replacing the existing carpool lanes. A single tolled express lane was added to I-15 in both directions starting and ending south of Magnolia Avenue. Direct express lane connectors were built between eastbound SR-91 and southbound I-15, and between northbound I-15 and westbound SR-91. Mr. Perez was responsible for five box girder bridges over Burlington Northern Santa Fe (BNSF) and Metrolink right-of-ways, Temescal Wash Channel and Arlington Storm Channel, and one cantilever bridge with pre-cast pre-stressed girders over BNSF and Metrolink right-of-ways. SANDAG Inland Rail Trail Segment 2A (Oceanside and San Marcos, CA) Mr. Perez served as Assistant Resident Engineer/Field Inspector for this project, which includes the construction of approximately four miles of a Class I bicycle facility, located between North Melrose Drive and West Bobier Drive in Oceanside, to the San Diego County/San Marcos boundary at Cherimoya Drive. The project is being built in three separate segments and will be a multiuse bike path that will connect to future bike paths or sidewalks. Work will include new traffic signals, landscaping and irrigation, lighting, Caltrans retaining walls, 145-foot weathered steel truss bridge near Buena Creek Transit Station, ornamental fencing, drainage improvements water quality ditches, signing and striping. Mr. Perez’ responsibilities included monitoring contractor compliance with 401, 404, 1600 permits on a SWPPP Risk Level II site. County of San Diego On-call Construction Management Services FY2017-18 Road Maintenance Project Asphalt Concrete Overlay C (San Diego, CA) Mr. Perez served as a Field Inspector for this project for the County of San Diego’s Fiscal Year 2017-2018 Asphalt Concrete Overlay C project. His responsibilities included performing inspection for asphalt overlay and pavement milling, pavement remediation, traffic delineation, curb ramp retrofitting, minor concrete work, and video detection system installation. Education/Professional Registration Certified Erosion, Sediment and Stormwater Inspector, No. 1947 Qualified SWPPP Practitioner in CA, No. 25415 BNSF/UPRR/CSX e-Rail Railroad Worker Safety Training NCTD Roadway Worker Safety Training CAL/OSHA 30-hour Construction Safety and Health Training TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) Caltrans District 11 I-15/SR-56 Unit 4 Direct Access Ramp Interchange (San Diego, CA) Mr. Perez served as Assistant Structures Representative on this $30M highway project, which consisted of five new bridges, a direct access ramp (DAR), multiple retaining walls, mechanically stabilized earth (MSE) walls, and cast in drilled hole (CIDH) piles. In this role, he performed checks of structural submittals including bridge falsework and guying plans. Additional responsibilities included field inspection, preparing pay estimates, and assisting the Resident Engineer with administrative tasks. Caltrans District 11 I-15 Mercy Road, Los Penasquitos Bridge Widening Project (San Diego, CA) Mr. Perez served as Assistant Structures Representative on this $15M project consisting of widening two precast pre- stressed bridges 100 to 120 feet tall. Project elements included multiple retaining walls, tie-back walls, CIDH drilling, and the seismic retrofit of existing columns. Mr. Perez’ assisted the Structure Representative to coordinate structure construction and inspection in the field. He reviewed and inspected bridge falsework construction, erection and removal; reviewed and inspected column guying plans; reviewed tie-back pre-stressing working drawings; compared theoretical elongations versus actual elongations. Assisted in reviewing concrete mix designs; monitored concrete pours; monitored BAR-LOCK coupler installations; coordinated with testing lab to schedule concrete sample testing; using 5- scale drawings, generated finish bridge deck elevations; top of concrete elevations for abutments; columns; wing walls; falsework top cap elevations; calculated falsework camber; field inspected precast pre-stressed concrete bridge girders prior to delivery and installation; field measured deck dowels on new girders in order to generate top deck elevations; coordinated with contractor on falsework grading operations; assisted the Structure Representative with technical submittals; prepared monthly progress payments; attended weekly progress meetings with contractor staff and Caltrans staff. Caltrans District 11 Southbound I-5/Santa Fe Drive Off-ramp Widening (Encinitas, CA) Mr. Perez served as an Assistant Resident Engineer on this widening project, which consisted of demolition of the existing off-ramp, reconstruction of the new ramp, and reconstruction of full-depth roadway structural section of new roadway. Project elements included installation of new drainage systems including reinforced concrete pipe (RCP) and high-density polyethylene (HDPE) pipe, irrigation system, landscaping, removal of existing and installation of new metal beam guard rail, traffic signals, video detection system, and sidewalks. As Assistant Resident Engineer, Mr. Perez reviewed and responded to submittals and RFIs, processed and negotiated change orders, reviewed mix designs for concrete and hot mix asphalt (HMA), and scheduled testing and inspection for materials used. Additional responsibilities included daily inspection, surveying, project filing, SWPPP, maintaining accurate as-builts, enforcing safety, and liaising with City of Encinitas, Caltrans, Scripps, and San Elijo Joint Powers Authority. All project files were organized per the Caltrans filing system. City of Chula Vista Willow Street Bridge Replacement Project (Chula Vista, CA) Mr. Perez served as a Construction Inspector on this $15.2M federally funded project, which consisted of demolishing and replacing the existing bridge with a larger, state-of-the-art structure with two traffic lanes in each direction, new bike lanes, upgraded sidewalks, and railings and barriers. His responsibilities included daily job site inspection including drainage, electrical, concrete pavement, roadway safety items, SWPPP compliance, and utility coordination. Additionally, Mr. Perez tracked quantities, prepared pay estimates, created tracking logs and file management systems, tracked and managed field decisions and changes, and enforced contract documents and plans. Caltrans District 5/City of Prunedale SR-101/San Juan Road Overcrossing Interchange Project (Prunedale, CA) Mr. Perez served as an Assistant Structures Representative on this $20M project, which consisted of one new box girder bridge, four soil nail retaining walls with natural rock carving finish stained shotcrete, four box culverts, and one 10-foot by 10-foot box culvert jacked and bore under SR-101. Mr. Perez assisted the Structure Representative with coordination of structure construction and inspection in the field. TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 City of Carlsbad On-call Construction Management Services Northwest Quadrant Storm Drain Improvement Program (Project No. 6608) Joe Axtell Senior Inspector (Alternate) Joe Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction, and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad On-call Construction Management Services, 2019-2020 Slurry Seal (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this slurry seal project throughout the City of Carlsbad. He is the single point of contact on the project and is responsible for providing preconstruction reviews of the areas to be sealed, meeting with residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell’s additional duties include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. Work on this project includes coldplaning, AC paving, crack sealing, slurry sealing, and striping. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages TRAN1476 Appendix "A" DocuSign Envelope ID: B06BC910-C539-4ABB-A427-9226F95D4684 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. TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 21 PROJECT NO. 6329/6330 This twenty-first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder Construction Services, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 18, 2020, (“proposal”), attached as Appendix "A" for the Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court project, (the “Project"). The Project services shall include construction management and inspection services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 forty-five (45) 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 Director or City 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 hours of work performed. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $75,104. DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 March 3, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 TRAN1476 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT & INSPECTION SERVICES TASK GROUP TIME & MATERIALS 1.1 Review PS&E and Prepare Files $1,376 1.2 CM and Administrative Duties $13,376 1.3 Perform Field Inspection/Documentation $57,600 1.4 Complete final report/Closeout Files $2,752 TOTAL (Not-to-Exceed) $75,104 CONTRACTOR Kleinfelder Construction Services, Inc. Kleinfelder Construction Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Louis Armstrong/President & CEO Deborah Butera/Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 March 3, 2020 for Scott Chadwick, City Manager February 18, 2020 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager SUBJECT: Traffic Signals at Poinsettia Lane, Cassia Road, and Skimmer Court Construction Management and Inspection Services Dear Mr. Didier: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Traffic Signals at Poinsettia Lane, Cassia Road, and Skimmer Court project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz, PE, QSD – Project Manager/Schedule Reviews •Shawn Stewart – Civil Inspector (Lead) •Joe Axtell – Civil Inspector (Alternate) •Gary Elliott – Electrical Inspector Mark Plotnikiewicz has 29 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Plotnikiewicz will serve as Project Manager for the project as well as provide schedule review services. Shawn Stewart will serve as the Civil Inspector (Lead) for the project. He brings extensive construction inspection experience and a strong background in the supervision of public works projects, including recently completing several projects for the City of Carlsbad such as the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17) and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). Shawn is currently serving as the inspector on the 2019-2020 Bridge Preventative Maintenance Program. Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. He has been involved on multiple public works Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 projects and has experience in overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. We understand that this project includes the installation of new traffic signals and the procurement of the posts is a long-lead item. In order to begin the submittal and procurement process the City of Carlsbad anticipates providing limited notice-to-proceed (NTP) immediately and full NTP in a few weeks. Based on this information, we have provided an alternate inspector to mitigate any potential scheduling conflicts due to the prolonged project schedule. Joe Axtell is currently serving as the Civil Inspector on the 2018 Pavement Overlay (Rebid) project and the 2019 Slurry Seal Project and is proposed as the Civil Inspector (Alternate) for this project. He also has extensive experience as an inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell worked as a Paving Foreman for an asphalt company, which has provided him an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. Resumes for Mr. Plotnikiewicz, Mr. Stewart, Mr. Axtell, and Mr. Elliott are attached for your review. KCS possesses additional qualified inspection staff should other project needs arise, or additional staff be required by the City. Our attached scope of work and fee submittal are based on an estimated schedule of 45 working days, with additional days included for submittals during the limited NTP. We have assumed Monday through Friday will be considered the working days on the Project. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Traffic Signals at Poinsettia Lane, Cassia Road, and Skimmer Court CLIENT: City of Carlsbad DATE: February 18, 2020 PROJECT DESCRIPTION The project consists of installing traffic signals at the intersections of Poinsettia Lane and Cassia Road and Poinsettia Lane and Skimmer Court and associated civil improvements. The contract work includes the following: •Public notification •Traffic control •Demolition •Concrete curb and gutter •Sidewalk •ADA curb ramps •Traffic signal video detection •Traffic loops •Signing/Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, concrete mix designs, and traffic signal shop drawings. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the City’s filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 FEE 1.1 Review PS&E and Prepare Files 1 8 0 $1,376.00 1.2 CM and Administrative Duties 8 80 0 $13,376.00 1.3 Perform Field Inspection / Documentation 0 0 360 $57,600.00 1.4 Complete Final Reports / Closeout Files 2 16 0 $2,752.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 11 104 360 0 0 $75,104.00 Total Hours: 475 $75,104.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Traffic Signals at Poinsettia Lane, Cassia Road, and Skimmer Court Notes: Estimate is based on 45 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Project Manager Civil Inspector (Non-PW) Civil Inspector (PW) Kleinfelder Construction Services Kleinfelder Construction Services 2/18/2020 Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 29 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 Shawn Stewart Senior Inspector Shawn Stewart has 30 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad 2018 ADA Improvements Program (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities include field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project includes work on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. City of Encinitas - Encinitas Community and Senior Center Improvements (Encinitas, CA) Mr. Stewart served as Senior Inspector for the City of Encinitas Community and Senior Center Improvements project. The project consists of site demolition, coldplaning, AC paving, curb and gutter, sidewalk, ADA ramps, slurry seal, signing, and traffic striping. Mr. Stewart responsibilities included quality assurance inspection of construction activities, preparing quantity sheets, documenting the work in daily diaries, and performing public relations functions, as necessary. This work was completed while Community and Senior Center was open to the public. Mr. Stewart worked closely with the contractor and multiple City departments to coordinate the work around the busy holiday season. City of Encinitas Citywide Pavement Rehabilitation and Roadway Sealing FY 18/19 (Encinitas, CA) Mr. Stewart served as Senior Inspector for the City of Encinitas Fiscal Year 2018/19 Slurry Seal program. The project consisted of slurry seal, placement of Class II Aggregate Base, five-inch dig outs, repairing surface distress, edge repair, cold planing, and traffic striping. Mr. Stewart was responsible for quality assurance inspection of construction activities, preparing quantity sheets, documenting the work in daily diaries, and performing public relations functions, as necessary. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 Joe Axtell Senior Inspector (Alternate) Joe Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad On-call Construction Management Services, 2019-2020 Slurry Seal (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this slurry seal project throughout the City of Carlsbad. He is the single point of contact on the project and is responsible for providing preconstruction reviews of the areas to be sealed, meeting with residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell’s additional duties include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. Work on this project includes coldplaning, AC paving, crack sealing, slurry sealing, and striping. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 Gary Elliott Electrical Inspector Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. His areas of expertise include project management, electrical systems controls, intelligent transportation systems, and transportation electrical infrastructure. Mr. Elliott's experience includes overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. His management duties have included bid reviews, project budgets, submittals, procurement, change order estimations, change order negotiations, project analysis, billing, and verification of field installations. Mr. Elliott excels at managing communications; working with intelligent transportation system installations (ITS); and developing working relationships with agency inspectors, design engineers, and supervisory staff. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit, Segments 1B, 2A/2B, 1A (San Diego, CA) Mr. Elliott serves as Senior Electrical Inspector for all segments of the SANDAG South Bay Bus Rapid Transit (SBBRT) project. When completed, SBBRT will include 11 stations along a 26-mile route, connecting residents to employment and activity centers between Downtown and the South Bay in San Diego, California. Segment 1B includes three stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista. Segment 2A/2B includes major features such as two new BRT stations and an elevated structure over SR-125. Segment 1A will complete the last portion of the nearly six-mile long dedicated BRT guideway along East Palomar Street and includes 51 Franchise utility relocations. All segments feature grading; drainage and wet utility improvements; roadway improvements; traffic signal modifications including Transit Signal Priority technology, electrical, and communications; bus stop shelters and station amenities; signage and striping; landscape; and irrigation. Mr. Elliott’s responsibilities include inspection of all electrical systems including communications duct bank, message signs, canopy lighting, area lighting, and various patron interface field elements at station locations, including inspection and commissioning activities for 12 traffic signal modifications and 50 streetlights for Segment 1B. Communications systems included project wide fiber optic cable installation, termination, and documentation. Additionally, Mr. Elliott served as Lead Traffic Signal, Electrical, and Communication Systems Reviewer for the constructability review of Segment 1B. As part of a multi-disciplined team, he thoroughly reviewed the project plans, specifications, and estimates to provided comments related to all traffic signal, electrical, and communication elements of the project. SANDAG On-call Construction Management Services, Mid-City Rapid (San Diego, CA) Mr. Elliott served as Senior Electrical Inspector on the $11M SANDAG Mid-City Rapid project, which provided the infrastructure to support the operation of the new Mid-City Rapid bus service running between San Diego State University and downtown San Diego through some of the City’s oldest and most densely populated communities. The new bus line offers increased service frequency, faster travel times, and enhanced passenger amenities. Improvements included underground wet utility construction; roadways; traffic signal construction with transit signal priority technology; street lighting; and 18 bus stations with amenities, including platform paving, shelters, site furnishings, signage, lighting, and landscaping. Mr. Elliott was responsible for overseeing all electrical construction management, as well as inspection and commissioning of all traffic signals, shelters, fiber optic communications, optical bus detection, and Traffic Signal Priority (TSP) controllers. Riverside County Transportation Commission, Perris Valley Line (Riverside County, CA) Mr. Elliott served as Senior Electrical Inspector for the $150M Perris Valley Line project, a 24-mile extension of the Metrolink 91 Line from Riverside to Perris, California. Project elements included two railroad bridge replacements, upgrading of existing siding tracks, and construction of new track and control points to provide future Metrolink Education/Professional Registration AGC Project Management Certificate Course, 2010, Palomar College Electrical Apprenticeship, 1983, San Diego Community College ACI Certified Concrete Field Testing Technician – Grade 1, No. 01271643 (Exp. 1/23/2021) ACI CRSI Adhesive Anchor Installer, No. 01271643 (Exp. 1/23/2021) Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 passenger service between Perris and Riverside on the former Burlington Northern Santa Fe (BNSF) San Jacinto Industrial Spur. Mr. Elliott’s duties included overseeing all inspection and commissioning of the electrical and communications systems for project components, including a layover yard, station platforms, railroad shelters, communications shelters, grade crossing safety lighting, and railroad and traffic signals. Additional construction items included three new rail stations and one modified rail station with over 300 cast-in-drilled-hole (CIDH) foundations for area lighting, and eight traffic signals with X-LINK pre-emption monitoring systems installed railroad grade crossing. Mr. Elliot’s tasks also included utility coordination, design, and execution with Southern California Edison for nearly 50 individually metered electrical service locations. SANDAG On-call Construction Management Services, Regional Bikeways Projects (San Diego, CA) Mr. Elliott served as Lead Electrical Constructability Reviewer for SANDAG’s Regional Bikeway Projects. These projects are part of SANDAG’s GO by BIKE regional bikeway network, which helps fulfill the concept laid out in the San Diego Regional Bike plan to make bicycling a more convenient and safe mode of transportation in San Diego. These projects are located in the busy North Park/Mid-City neighborhoods of San Diego, and will provide project features like buffered bike lanes, traffic circles, raised crosswalks and traffic calming measures. Mr. Elliott reviewed the project plans and specifications and provided comments related to all traffic signal, electrical, and communication elements of the project. OmniTrans SBX Bus Rapid Transit Project (San Bernardino/Loma Linda, CA) Mr. Elliott served as Senior Electrical Inspector for the $197M OmniTrans/SBX Bus Rapid Transit Project, a 16-mile corridor of express bus lanes constructed in the cities of San Bernardino and Loma Linda, California. Mr. Elliott’s duties included overseeing all construction management tasks including the inspection and commissioning of all electrical items and electrical changes associated with the project. These electrical construction items consisted of 23 bus platforms at 16 station locations, 44 traffic signal modifications, 100 city street lighting relocations, three park and rides featuring solar parking lot lighting, traffic signal prioritization for buses, 73 security cameras, 25 ticket vending machines, 23 Variable Message Signs (VMS), and back office revenue collection communications to the OmniTrans facility. Communications included an 11-mile-long wireless Ethernet network for bus and traffic signal communications. Communications for closed-captioned television (CCTV), VMS, and Ticket Vending Machine (TVM) Signaling Systems connected from the platform to the operations center via Verizon cloud fiber optic cables. The Contractor constructed approximately 400 cast-in-drilled-hole (CIDH) foundations on this project for various electrical items. Caltrans District 11 I-805/Eastgate Mall Interchange (San Diego, CA) Mr. Elliott served as Project Manager and Electrical System Designer for this $2.1M project. Mr. Elliott provided project management and electrical system design for installation of freeway lighting and sign illumination, traffic signals, traffic monitoring stations, and ramp metering. He produced an in-house design for the temporary power and communications systems listed above, which allowed the general Contractor to remain on schedule. Keeping these critical systems functioning added a substantial benefit to the Owner and Contractor by avoiding delay of the original project due to deficient design of temporary electrical staging. Mr. Elliott’s duties included timely preparation and successful negotiation of a $300K change order request for temporary systems in measured mile format. Caltrans District 11 I-15 High Occupancy Vehicle System (San Diego, CA) Mr. Elliott served as Electrical Project Manager responsible for electrical project management and supervision for eight of ten contracts for the I-15 High Occupancy Vehicle (HOV) System project with a total value of $18.7M. Mr. Elliott was accountable for the productivity of field personnel during installation of all electrical elements, including changeable message signs, traffic barrier gates, barrier transfer machine guidance system, sign lighting, roadway lighting power, automatic traffic channelizers and system controls, as well as copper and fiber optic communication infrastructure and integration. Mr. Elliott is competent in all aspects of communications, sensor, and intelligent transportation systems (ITS) design and installation considerations along the project corridor. Appendix "A" TRAN1476 Task No. 21 DocuSign Envelope ID: 23818D95-3E13-4E20-B4B1-6E2F0ABB76F6 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. TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 20 PROJECT NO. 6001-18OL This twentieth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services for Close Out in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 26, 2020, (“proposal”), attached as Appendix "A" for the Construction Management Service For 2018 Pavement Overlay No. 6001-18OL Close Out, (the “Project"). The Project services shall include Construction Management and Inspection Services for the 2018 Pavement Overlay Project Close Out. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 fifty (50) 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 Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $20,651. DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 February 24, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 TRAN1476 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2018 PAVEMENT OVERLAY PROJECT CLOSE OUT TASK GROUP TIME & MATERIALS 1.Senior Inspector $15,392 2.Project Manager $1,152 3.Materials Testing $4,107 TOTAL (Not-to-Exceed) $20,651 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Louis Armstrong/President & CEO Deborah Butera/Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 February 24, 2020 January 26, 2020 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Emily Hasegawa, P.E. Municipal Projects Manager SUBJECT: 2018 Pavement Overlay Project (Closeout and AC Stability Resolution) – Construction Management, Inspection, and Materials Testing Services Dear Ms. Hasegawa: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management, inspection, and materials testing services for the closeout and resolution of the AC stability issue on the 2018 Pavement Overlay (Rebid) project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Joe Axtell - Civil Inspector •James Stiady – Materials Engineer Mark Plotnikiewicz, PE, QSD, has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Joe Axtell is currently serving as a Senior Project Inspector for the City of Carlsbad on the 2018 Pavement Overlay (Rebid) project. He has extensive experience as an inspector on multiple public works projects, including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell worked as a Paving Foreman for an asphalt company, which has provided him with an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. Materials Testing services will be provided by our parent company, Kleinfelder, Inc. The specific sampling and testing personnel will be determined at the time of work and will be chosen from Kleinfelder’s pool of well-qualified technicians. James Stiady, PhD, PE, GE, will act as the Lead Materials Engineer. He will provide testing oversight and confirm and certify all testing is TRAN1476- Task No. 20 Appendix "A" DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 completed per the contract specifications and industry standards. All materials testing will be performed at Kleinfelder’s laboratory in Kearny Mesa. Resumes for Mr. Plotnikiewicz, Mr. Axtell, and Dr. Stiady are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, Hank Gentile, P.E. Kleinfelder Construction Services Attachment TRAN1476- Task No. 20 Appendix "A" (continued) DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2018 Pavement Overlay Project (Rebid) – Project Closeout and AC Resolution Support CLIENT: City of Carlsbad DATE: January 26, 2020 PROJECT DESCRIPTION The project consists cold milling and overlaying portions of La Costa Avenue, Navarra Drive, Pirineos Way, Nueva Castilla Way, and Viejo Castilla Way in the City of Carlsbad. The contract work includes the following: •Public notification •HMA mix design •Traffic control •Cold mill and overlay – 2.0”/2.5" •Raise utilities to grade •Striping/pavement markers This task order will provide for the closeout of the construction activities and provide support for the resolution of the AC stability issue. CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.0 Project Closeout Our Project Inspector will work with the City to compile a punch and provide it to the Contractor. The remainder of the work including raising the utilities to grade will be inspected by the Project Inspector. Additionally, KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Task 2.0 Resolution of the AC Stability Issue Our Project Inspector will attend project meetings, visit the project site, and compile information in an effort to resolve the issue with the AC stability. We will work with City staff to obtain the necessary information to make informed decisions regarding the issues. Our inspector will also be on site if any material testing will be required to confirm the correct locations are sampled Task 3.0 Materials Testing Kleinfelder, KCS’s parent company will provide the materials testing. A vendor will be used to perform any necessary coring. The materials testing includes, coring the AC at the locations with low stability results, performing density testing, and performing stability testing. TRAN1476- Task No. 20 Appendix "A" (continued) DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $178.00 FEE 1.0 Project Closeout 2 80 0 $12,224.00 2.0 Resolution of AC Stability Issue 4 24 0 $4,320.00 3.0 Materials Testing 4,107.00$ 4,107.00$ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 6 104 0 0 $20,651.00 Total Hours: 110 $20,651.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2018 Pavement Overlay Project - Closeout and AC Resolution Support Notes: Estimate is based on 2 weeks of project closeout. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Overtime hours at the overtime rate for the Senior Inspector are shown for work exceeding 40-hours per week. Project Manager Senior Inspector (Straight Time) Senior Inspector (Overtime) Materials Testing Kleinfelder Construction Services The materials testing estimate is based on 1 - 8 hour site visit for coring (10 cores total), 2 AC max density tests, 2 HVEEM stability tests, 10 AC core unit weight and thickness tests, and 10 sample preparations. Kleinfelder Construction Services 1/26/2020 TRAN1476- Task No. 20 Appendix "A" (continued) DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KLF-CS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KLF-CS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader TRAN1476- Task No. 20 Appendix "A" (continued)DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KLF-CS’ on-call contract with NCTD. KLF-CS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. TRAN1476- Task No. 20 Appendix "A" (continued) DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 STAFF RESUMES Joe Axtell Civil Inspector Joe Axtell brings more than 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects, from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans- certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or incur extra costs. City of Carlsbad On-call Construction Management Services, 2019-2020 Slurry Seal (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this slurry seal project throughout the City of Carlsbad. He is the single point of contact on the project and is responsible for providing preconstruction reviews of the areas to be sealed, meeting with residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell’s additional duties include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. Work on this project includes coldplaning, AC paving, crack sealing, slurry sealing, and striping. City of Carlsbad On-call Construction Management Services, 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. is the single point of contact on the project and is responsible for providing preconstruction reviews of the areas to be paved, meeting with residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell’s additional duties include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracts. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintaining project records, daily diaries, material notebooks, as-built plans and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work; and coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety methods and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans-certified materials lab performing field and lab testing and conducting compaction on earthwork and base subgrades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Mr. Axtell was responsible for calculating the number of trucks required, monitoring the work, verifying adherence to project requirements, and identifying utilization of workers and equipment. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gauges TRAN1476- Task No. 20 Appendix "A" (continued)DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 STAFF RESUMES James Stiady, PhD, PE, GE Materials Engineer Dr. James Stiady has extensive experience in pavement, materials testing, and geotechnical engineering. As a pavement engineer, he has evaluated pavement conditions, provided pavement rehabilitation options, and designed pavement sections for SANDAG, San Diego International Airport Authority, SDG&E, Target, Home Depot, and Walmart. As a materials engineer, he has developed mix designs for Superpave and Hveem hot mix asphalt (HMA) and implemented a QC plan for chip seal, slurry seal, and asphalt concrete overlay projects. He maintained AASHTO, Caltrans, and DSA accreditations for Kleinfelder’s laboratory. County of San Diego FY2016/2017 Slurry Seal (San Diego, CA) Dr. Stiady served as project manager and materials engineer, providing inspection and testing services for the $300K resurfacing project at multiple locations. In this role, he was responsible for coordinating with various County Resident Engineers and the County’s materials lab for testing and inspection services and accurate timely billing. Caltrans District 11 On-call Construction Materials Sampling and Testing, and Source Inspection, Various Projects (11A2364/11A2365) (San Diego and Imperial County, CA) Dr. Stiady serves as the Subconsultant Project Manager and Materials Engineer for this contract. His duties include managing four full-time field and laboratory technicians, coordinating field and laboratory activities, and providing consultation with Caltrans Resident and Materials Engineers. Services have included compaction testing, concrete sampling, HMA batch plant inspections, HMA sampling, oil sampling, and aggregate sampling. Laboratory testing included mix design verification, soil and base maximum density, Caltrans-required aggregate quality testing, gradation, sand equivalent, Superpave gyratory compactor maximum density, Hamburg Wheel Track testing, tensile strength ratio, concrete compression, and flexural beam strength testing. Caltrans District 11 On-call Materials Testing, Various Projects (11A2466/11A2479) (San Diego County, CA) Dr. Stiady serves as Lead Material Engineering Tester and Project Manager. In these roles, he manages and coordinates field and laboratory activities and provides consultation with Caltrans Resident and Materials Engineers. Services have included sampling of subgrade soils, aggregates, HMA, oil, and concrete; batch plant inspections for HMA and concrete plants, and laboratory testing. Our materials testers perform soils, aggregate base, HMA, concrete sampling and testing in the field on various EA and perform HMA testing in our AASHTO and Caltrans-accredited laboratory, augmenting the Caltrans District 11 laboratory. County of Imperial On-call Materials Testing Services, LTA Phase 1 Asphalt Concrete Overlay (Imperial County, CA) Dr. Stiady served as Project Manager and Pavement Engineer for project that involved the repair of pavement failure, placement of two inches of asphalt concrete hot mix overlay, and placement of Type 2 slurry seal coat at 13 locations. Dr. Stiady was responsible for oversight and coordination of field and laboratory testing for subgrade, base, asphalt concrete overlay, chip seal, and slurry seal. Additionally, he provided recommendations for pavement section and subgrade stabilization at Horne Road, and implemented a quality control program for chip seal, slurry seal, cold-in-place recycling, and asphalt concrete overlay. City of San Marcos San Marcos Boulevard Overlay (San Marcos, CA) Dr. Stiady served as the Project Manager and the Responsible Engineer on this project. He oversaw batch plant inspection, field inspection and testing, and laboratory testing activities for this project involving overlaying San Marcos Boulevard with Rubberized Asphalt Mix. The main challenge for this project was off-hour inspection to minimize traffic disruptions and resident inconveniences. Dr. Stiady provided the engineering report in a timely manner. Education/Professional Registration Ph.D, Civil Engineering (Materials) M.S., Civil Engineering (Geotech) B.S., Civil Engineering Civil Engineer in California, No. 66243 Geotechnical Engineer in California, No. 2820 TRAN1476- Task No. 20 Appendix "A" (continued)DocuSign Envelope ID: 5BADA77F-39EB-415F-AE6C-79C74511B246 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. TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 19 2019 CONCRETE REPAIR This ninetenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated January 28, 2020, (“proposal”), attached as Appendix "A" for the 2019 Concrete Repair, (the “Project"). The Project services shall include Construction Management and Inspection Services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 fifty (50) 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 Director or City 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 work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $53,952. DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 February 6, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 TRAN1476 City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT 2019 CONCRETE REPAIR TASK GROUP TOTAL 1.1 Review PS&E and Prepare Files $1,376 1.2 CM and Administrative Duties $12,608 1.3 Perform Field Inspection / Documentation $38,400 1.4 Complete Final Reports/ Closeout Files $1,568 Total $53,952 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Louis Armstrong, President/CEO Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 February 6, 2020 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 January 28, 2020 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager SUBJECT: 2019 Concrete Repair – Construction Management and Inspection Services Dear Mr. Didier: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2019 Concrete Repair project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Raphael Perez - Civil Inspector Mr. Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Perez has over 18 years of construction management and inspection experience with a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has delivered both Local Agency and Caltrans projects using the Greenbook and Caltrans standards as a Civil Inspector, Structures Inspector and Assistant Resident Engineer. His roles on this project will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Perez are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 50 working days. We have assumed Monday through Friday will be considered the working days on the Project, based on the information provided in the contract documents. TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019 Concrete Repair Project KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2019 Concrete Repair Project CLIENT: City of Carlsbad DATE: January 29, 2020 PROJECT DESCRIPTION The project consists of replacing damaged concrete sidewalks, curb ramps, driveway approaches, and curb and gutters at multiple locations throughout the City of Carlsbad. This work includes the following elements: •Traffic control •Removing minor concrete elements •Constructing minor concrete elements •Placing and compacting aggregate base CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. We understand the majority of the preconstruction work, including removal markouts and the preconstruction meeting, has been completed. Task 1.2 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and concrete mix designs. •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019 Concrete Repair Project resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.3 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019 Concrete Repair Project •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.4 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 1 8 0 $1,376.00 1.2 CM and Administrative Duties 4 80 0 $12,608.00 1.3 Perform Field Inspection / Documentation 0 0 240 $38,400.00 1.4 Complete Final Reports / Closeout Files 2 8 0 $1,568.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 7 96 240 0 0 $53,952.00 Total Hours: 343 $53,952.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2019 Concrete Repair Project Notes: Estimate is based on 50 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Project Manager Civil Inspector (Non-PW) Civil Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 1/28/2020 TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019-2020 Concrete Repair Project Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019-2020 Concrete Repair Project responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019-2020 Concrete Repair Project Rafael Perez, QSP, CESSWI Civil Inspector Rafael Perez has more than 18 years of bridge construction experience, involving delivering both Local Agency and Caltrans projects Greenbook and Caltrans Standard Specifications as Civil Inspector, Structures Inspector, and Assistant Resident Engineer. He is proficient in various manuals including the Manual of Uniform Traffic Control Devices (MUTCD), Greenbook, and Caltrans manuals such as the Construction Manual, Construction Site Best Management Practices Manual, SWPPP and WPCP Manual, Safety Manual, and the Trenching and Shoring Manual. RCTD Scott Road/I-215 Interchange Project (Menifee, CA) Mr. Perez served as a Field Inspector for this $57.8M project, which consists of widening Scott Road from west of Haun Road to east of Antelope Road including replacing the existing overcrossing bridge, reconfiguring the on and off ramps, and extending the ramps termini of the ramps Jointed Plain Concrete. Mr. Perez performed inspection for new drainage systems [RCP, HDPE pipes], irrigation systems, landscaping, and the removal and installation of metal beam guard rail, traffic signals, video detection system, and sidewalks. Additionally, he reviewed and responded to submittals, RFIs, processed and negotiated change orders, reviewed mix designs for concrete and hot mix asphalt (HMA), prepared and maintained project filing system to meet Caltrans requirements, and scheduled testing and inspection for materials used. Mr. Perez was also responsible for overseeing surveying, project filing, SWPPP inspection, maintaining accurate as- builts, enforcing projects safety, and providing public relations with the City of Menifee. Caltrans District 8/RCTC/City of Corona SR-91 and I-15 Express Lanes (Corona, CA) Mr. Perez served as an Assistant Structures Representative on this 91 Express Lanes project, which added two tolled express lanes in both directions to SR-91 in Corona, replacing the existing carpool lanes. A single tolled express lane was added to I-15 in both directions starting and ending south of Magnolia Avenue. Direct express lane connectors were built between eastbound SR-91 and southbound I-15, and between northbound I-15 and westbound SR-91. Mr. Perez was responsible for five box girder bridges over Burlington Northern Santa Fe (BNSF) and Metrolink right-of-ways, Temescal Wash Channel and Arlington Storm Channel, and one cantilever bridge with pre-cast pre-stressed girders over BNSF and Metrolink right-of-ways. SANDAG Inland Rail Trail Segment 2A (Oceanside and San Marcos, CA) Mr. Perez served as Assistant Resident Engineer/Field Inspector for this project, which includes the construction of approximately four miles of a Class I bicycle facility, located between North Melrose Drive and West Bobier Drive in Oceanside, to the San Diego County/San Marcos boundary at Cherimoya Drive. The project is being built in three separate segments and will be a multiuse bike path that will connect to future bike paths or sidewalks. Work will include new traffic signals, landscaping and irrigation, lighting, Caltrans retaining walls, 145-foot weathered steel truss bridge near Buena Creek Transit Station, ornamental fencing, drainage improvements water quality ditches, signing and striping. Mr. Perez’ responsibilities included monitoring contractor compliance with 401, 404, 1600 permits on a SWPPP Risk Level II site. County of San Diego On-call Construction Management Services FY2017-18 Road Maintenance Project Asphalt Concrete Overlay C (San Diego, CA) Mr. Perez served as a Field Inspector for this project for the County of San Diego’s Fiscal Year 2017-2018 Asphalt Concrete Overlay C project. His responsibilities included performing inspection for asphalt overlay and pavement milling, pavement remediation, traffic delineation, curb ramp retrofitting, minor concrete work, and video detection system installation. Education/Professional Registration Certified Erosion, Sediment and Stormwater Inspector, No. 1947 Qualified SWPPP Practitioner in CA, No. 25415 BNSF/UPRR/CSX e-Rail Railroad Worker Safety Training NCTD Roadway Worker Safety Training CAL/OSHA 30-hour Construction Safety and Health Training TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019-2020 Concrete Repair Project Caltrans District 11 I-15/SR-56 Unit 4 Direct Access Ramp Interchange (San Diego, CA) Mr. Perez served as Assistant Structures Representative on this $30M highway project, which consisted of five new bridges, a direct access ramp (DAR), multiple retaining walls, mechanically stabilized earth (MSE) walls, and cast in drilled hole (CIDH) piles. In this role, he performed checks of structural submittals including bridge falsework and guying plans. Additional responsibilities included field inspection, preparing pay estimates, and assisting the Resident Engineer with administrative tasks. Caltrans District 11 I-15 Mercy Road, Los Penasquitos Bridge Widening Project (San Diego, CA) Mr. Perez served as Assistant Structures Representative on this $15M project consisting of widening two precast pre- stressed bridges 100 to 120 feet tall. Project elements included multiple retaining walls, tie-back walls, CIDH drilling, and the seismic retrofit of existing columns. Mr. Perez’ assisted the Structure Representative to coordinate structure construction and inspection in the field. He reviewed and inspected bridge falsework construction, erection and removal; reviewed and inspected column guying plans; reviewed tie-back pre-stressing working drawings; compared theoretical elongations versus actual elongations. Assisted in reviewing concrete mix designs; monitored concrete pours; monitored BAR-LOCK coupler installations; coordinated with testing lab to schedule concrete sample testing; using 5- scale drawings, generated finish bridge deck elevations; top of concrete elevations for abutments; columns; wing walls; falsework top cap elevations; calculated falsework camber; field inspected precast pre-stressed concrete bridge girders prior to delivery and installation; field measured deck dowels on new girders in order to generate top deck elevations; coordinated with contractor on falsework grading operations; assisted the Structure Representative with technical submittals; prepared monthly progress payments; attended weekly progress meetings with contractor staff and Caltrans staff. Caltrans District 11 Southbound I-5/Santa Fe Drive Off-ramp Widening (Encinitas, CA) Mr. Perez served as an Assistant Resident Engineer on this widening project, which consisted of demolition of the existing off-ramp, reconstruction of the new ramp, and reconstruction of full-depth roadway structural section of new roadway. Project elements included installation of new drainage systems including reinforced concrete pipe (RCP) and high-density polyethylene (HDPE) pipe, irrigation system, landscaping, removal of existing and installation of new metal beam guard rail, traffic signals, video detection system, and sidewalks. As Assistant Resident Engineer, Mr. Perez reviewed and responded to submittals and RFIs, processed and negotiated change orders, reviewed mix designs for concrete and hot mix asphalt (HMA), and scheduled testing and inspection for materials used. Additional responsibilities included daily inspection, surveying, project filing, SWPPP, maintaining accurate as-builts, enforcing safety, and liaising with City of Encinitas, Caltrans, Scripps, and San Elijo Joint Powers Authority. All project files were organized per the Caltrans filing system. City of Chula Vista Willow Street Bridge Replacement Project (Chula Vista, CA) Mr. Perez served as a Construction Inspector on this $15.2M federally funded project, which consisted of demolishing and replacing the existing bridge with a larger, state-of-the-art structure with two traffic lanes in each direction, new bike lanes, upgraded sidewalks, and railings and barriers. His responsibilities included daily job site inspection including drainage, electrical, concrete pavement, roadway safety items, SWPPP compliance, and utility coordination. Additionally, Mr. Perez tracked quantities, prepared pay estimates, created tracking logs and file management systems, tracked and managed field decisions and changes, and enforced contract documents and plans. Caltrans District 5/City of Prunedale SR-101/San Juan Road Overcrossing Interchange Project (Prunedale, CA) Mr. Perez served as an Assistant Structures Representative on this $20M project, which consisted of one new box girder bridge, four soil nail retaining walls with natural rock carving finish stained shotcrete, four box culverts, and one 10-foot by 10-foot box culvert jacked and bore under SR-101. Mr. Perez assisted the Structure Representative with coordination of structure construction and inspection in the field. Caltrans District 4/City of Mountain View US-101 North SR-85/US-101 Interchange Project (Mountain View, CA) TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 City of Carlsbad On-call Construction Management Services 2019-2020 Concrete Repair Project Mr. Perez served as the Assistant Structure Representative and was responsible for the structure portion of this $125M highway project, including five box girder type bridge widenings and two box girder type bridge widenings over Stevens Creek. He successfully assisted the Structure Representative in the pre-construction and completion of the project, which widened one bridge on US-101; replaced the SR-85/US-101 connector; modified interchange ramps at Moffett Boulevard, North Shoreline Boulevard and Old Middlefield Way; constructed auxiliary lanes and high occupancy vehicle (HOV) direct-connector ramps from northbound SR-85 to northbound US-101 and southbound US-101 to southbound SR-85. Caltrans District 4 US-101 Widening Project Mr. Perez served as an Assistant Structures Representative on this $27M project and was responsible for four box girder type bridges over Coyote Creek. The project included the widening of four bridges on US-101, retrofit of existing bridges by installing steel column casings and enlarging the size of the bents, and a methacrylate deck repair. Mr. Perez assisted the Structure Representative to coordinate structure construction and inspection in the field. TRAN1476 - Task No. 19 Appendix "A" DocuSign Envelope ID: 148AD174-ABA0-4060-A499-9515336FA934 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. TRAN1476 City Attorney Approved Version 7/19/17 1 of 13 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 18 2019-20 BRIDGE PREVENTATIVE MAINTENANCE PROGRAM PROJECT NO. 6066 This eighteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated 43784, (“proposal”), attached as Appendix "A" for the 2019-20 Bridge Preventative Maintenance, (the “Project"). The Project services shall include Construction Management and Inspection Services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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 sixty (60) 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 Director or City 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 work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $82,688. DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE January 14, 2020 TRAN1476 City Attorney Approved Version 7/19/17 2 of 13 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE TRAN1476 City Attorney Approved Version 7/19/17 3 of 13 TABLE 1 FEE ALLOTMENT 2019-20 BRIDGE PREVENTATIVE MAINTENANCE PROJECT NO. 6066 TASK GROUP RATE HOURS TOTAL Project Manager $192 16 $3,072 Civil Inspector (Non-PW) $148 192 $28,416 Civil Inspector (PW) $160 320 $51,200 TOTAL (Not-to-Exceed) $82,688 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Louis Armstrong, President/CEO Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ For Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE 1/14/2020 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 November 15, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey Municipal Projects Manager SUBJECT: 2019-20 Bridge Preventative Maintenance – Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2019-20 Bridge Preventative Maintenance project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Shawn Stewart - Civil Inspector Mr. Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Stewart has over 30 years of construction management and inspection experience with a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He served as the Civil Inspector on the City of Carlsbad’s previous 2017 Bridge Preventative Maintenance project and trained City of Carlsbad staff on the bridge methacrylate process. Shawn has also worked on multiple City of Carlsbad projects including the Palomar Airport Road Widening project, the 2018 ADA Improvements project, and the 2017 and 2018 Citywide Pavement Overlay projects. He has an excellent working knowledge of the City’s processes and great relationships with City staff. His roles on this project will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Stewart are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. TRAN1476 4 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE Our scope of work and fees are based on an estimated schedule of 60 working days. We have assumed Monday through Friday will be considered the working days on the Project, based on the information provided in the contract documents. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com TRAN1476 5 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance (Project No. 6066-19) KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2019-20 Bridge Preventative Maintenance CLIENT: City of Carlsbad DATE: November 15, 2019 PROJECT DESCRIPTION The project consists of bridge maintenance repairs at three locations in the City of Carlsbad – Buena Vista Creek Bridge at Jefferson Creek, Buena Vista Creek Bridge at El Camino Real, and Poinsettia Lane OH. The contract work includes the following: •Traffic control •Removals (concrete, asphalt, MBGR) •Striping and marking removal •Concrete expansion joint repair/joint seal replacement •Midwest guardrail •Concrete end blocks and flatwork •High molecular weight methacrylate •Signing/Striping/pavement markers The majority of the work will be performed during day shifts; however, the work at Buena Vista Creek Bridge at El Camino Real will be completed at night (9:00 PM to 5:00 AM). CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, NCTD, Caltrans, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, concrete mix designs, high molecular weight methacrylate, and air emissions monitoring plan. 6 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance (Project No. 6066-19) •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.3 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. 7 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance (Project No. 6066-19) Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. 8 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 4 8 0 $1,952.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 8 160 0 $25,216.00 1.4 Perform Field Inspection / Documentation 0 0 320 $51,200.00 1.5 Complete Final Reports / Closeout Files 4 16 0 $3,136.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 16 192 320 0 0 $82,688.00 Total Hours: 528 $82,688.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2019-20 Bridge Preventative Maintenance Project Notes: Estimate is based on 60 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Project Manager Civil Inspector (Non-PW) Civil Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 11/15/2019 TRAN1476 9 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader 10 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. 11 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance Project Shawn Stewart Senior Inspector Shawn Stewart has 30 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project included work on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) 12 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE City of Carlsbad On-call Construction Management Services 2019-20 Bridge Preventative Maintenance Project City of Carlsbad ADA Improvements Program (Carlsbad, CA) Mr. Stewart served as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities included field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Laguna Hills Citywide Asphalt Concrete Rehabilitation/Slurry Seal Project 2007 (Laguna Hills, CA) Mr. Stewart served as an Assistant Resident Engineer on this pavement rehabilitation/slurry seal project for the City of Laguna Hills. He was responsible for identifying areas of existing pavement for rehabilitation, inspecting the removal and replacement of the AC structural section, and monitoring the Type 2 slurry seal application. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. SANDAG On-call Construction Management Services, Green Line Station Platform Modifications (San Diego, CA) Mr. Stewart served as a Civil/Station Inspector on the Green Line Station Platform Modifications project. This $8.5M project consisted of modifications to eight stations to accommodate new low floor vehicles. Mr. Stewart was responsible for inspection of all work items on the platform modifications, including demolition, excavation, trenching, grading, structural, and minor concrete, as well as AC paving and placement of station amenities. Mr. Stewart also represented SANDAG through their Public Outreach Program, communicating with residents, homeowner associations, and local businesses throughout the duration of the project. 13 of 13 DocuSign Envelope ID: B452232C-32DD-4C50-91EA-4EEDCCD0BACE 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. TRAN1476 City Attorney Approved Version 7/19/17 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 17 PALOMAR AIRPORT ROAD WIDENING PROJECT NO. 6044 This seventeenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services inaccordance with the "Project Engineer’s Manual", 2001 edition, as published by the City'sEngineering Department, City "Standards for Design & Construction of Public WorksImprovements in the City of Carlsbad," and the proposal dated August 26, 2019,(“proposal”), attached as Appendix "A" for the Palomar Airport Road Widening ProjectNo. 6044, (the “Project"). The Project services shall include Construction Managementand Inspection Services. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work withinfive (5) working days after receiving this fully executed document and a City PurchaseOrder. Contractor shall complete the work within seventy (70) working days thereafter.Working days are defined in section 6-7.2 "Working Day" of the Standard Specificationsfor Public Works Construction (Green Book). Extensions of time for this Task Descriptionmay be granted if requested and agreed to in writing by the Director or City Manager. Inno event shall Contractor work beyond the term or authorized compensation of theAgreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $109,136. 1 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD January 7, 2020 TRAN1476 City Attorney Approved Version 7/19/17 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD TRAN1476 City Attorney Approved Version 7/19/17 TABLE 1 FEE ALLOTMENT PALOMAR AIRPORT ROAD WIDENING PROJECT NO. 6044 TASK GROUP TIME & MATERIALS Project Manager (8hrs at $192hr) $1,536 Senior Inspector (Non-PW) (100hrs at $148hr) $14,800 Senior Inspector (PW) (580hrs at $160hr) $92,800 TOTAL (Not-to-Exceed) $109,136 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Louis Armstrong, President/CEO Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney 3 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD 1/7/2020 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 August 26, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey, LEED AP Municipal Projects Manager SUBJECT: Palomar Airport Road Widening Project Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Palomar Airport Road Widening project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz, PE, QSD – Project Manager/Schedule Reviews •Shawn Stewart – Civil Inspector (Lead) •Joe Axtell – Civil Inspector (Alternate) •Gary Elliott – Electrical Inspector Mark Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Plotnikiewicz will serve as Project Manager for the project as well as provide schedule review services. Shawn Stewart will serve as the Civil Inspector (Lead) for the project. He brings extensive construction inspection experience and a strong background in the supervision of public works projects, including recently completing several projects for the City of Carlsbad such as the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17) and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. He has been involved on multiple public works projects and has experience in overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp Appendix "A"TRAN1476 4 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. We understand that this project includes the installation of new traffic signals at the intersection of Palomar Airport Road and Paseo Del Norte. It is anticipated that the fabrication for these signals may take from three to six months. In order to begin the submittal and procurement process the City of Carlsbad anticipates providing limited notice-to-proceed (NTP) in the coming weeks and full NTP in January of 2020. Based on this information, we have provided an alternate inspector to mitigate any potential scheduling conflicts due to the prolonged project schedule. Joe Axtell is currently serving as the Civil Inspector on the 2018 Pavement Overlay (Rebid) project and is proposed as the Civil Inspector (Alternate) for this project. He also has extensive experience as an inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell worked as a Paving Foreman for an asphalt company, which has provided him an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. Resumes for Mr. Plotnikiewicz, Mr. Stewart, Mr. Axtell, and Mr. Elliott are attached for your review. KCS possesses additional qualified inspection staff should other project needs arise or additional staff be required by the City. Our attached scope of work and fee submittal are based on an estimated schedule of 70 working days, with additional days included for submittals during the limited NTP. We have broken out the preconstruction and construction phases into two separate fee proposals. We have assumed Monday through Friday will be considered the working days on the Project. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com Appendix "A" 5 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Palomar Airport Road Widening CLIENT: City of Carlsbad DATE: August 26, 2019 PROJECT DESCRIPTION The project consists of widening Palomar Airport Road from the I-5 NB On/Off ramps to Paseo Del Norte in the City of Carlsbad. The contract work includes the following: •Public notification •HMA mix design •Traffic control •Demolition •Full depth paving •Cold mill and overlay •Concrete curb and gutter •Sidewalk •Drainage •Water service/backflow preventer •Raise utilities to grade •Traffic signal video detection •Traffic loops •Signing/Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, Caltrans, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical Appendix "A" 6 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files Appendix "A" 7 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Appendix "A" 8 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 8 16 0 $3,904.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 48 100 0 $24,016.00 1.4 Perform Field Inspection / Documentation 0 0 0 $0.00 1.5 Complete Final Reports / Closeout Files 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 56 124 0 0 0 $29,104.00 Total Hours: 180 $29,104.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Palomar Airport Road Widening - Preconstruction Notes: Estimate is based on 70 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Senior Inspector hours include both the Civil Inspector and the Electrical Inspector. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services Appendix "A"TRAN1476 9 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 0 0 0 $0.00 1.2 Prepare/Conduct Preconstruction Meeting 0 0 0 $0.00 1.3 CM and Administrative Duties 0 0 0 $0.00 1.4 Perform Field Inspection / Documentation 0 60 580 $101,680.00 1.5 Complete Final Reports / Closeout Files 8 40 0 $7,456.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 8 100 580 0 0 $109,136.00 Total Hours: 688 $109,136.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Palomar Airport Road Widening - Construction Phase Notes: Estimate is based on 70 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Senior Inspector hours include both the Civil Inspector and the Electrical Inspector. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services Appendix "A"TRAN1476 10 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader Appendix "A" 11 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. Appendix "A" 12 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Shawn Stewart Senior Inspector Shawn Stewart has 28 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. City of Carlsbad ADA Improvements Program (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities include field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project includes work Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) Appendix "A" 13 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. City of Laguna Hills Citywide Asphalt Concrete Rehabilitation/Slurry Seal Project 2007 (Laguna Hills, CA) Mr. Stewart served as an Assistant Resident Engineer on this pavement rehabilitation/slurry seal project for the City of Laguna Hills. He was responsible for identifying areas of existing pavement for rehabilitation, inspecting the removal and replacement of the AC structural section, and monitoring the Type 2 slurry seal application. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. SANDAG On-call Construction Management Services, Green Line Station Platform Modifications (San Diego, CA) Mr. Stewart served as a Civil/Station Inspector on the Green Line Station Platform Modifications project. This $8.5M project consisted of modifications to eight stations to accommodate new low floor vehicles. Mr. Stewart was responsible for inspection of all work items on the platform modifications, including demolition, excavation, trenching, grading, structural, and minor concrete, as well as AC paving and placement of station amenities. Mr. Stewart also represented SANDAG through their Public Outreach Program, communicating with residents, homeowner associations, and local businesses throughout the duration of the project. Appendix "A" 14 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Joe Axtell Senior Inspector (Alternate) Freeman Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction, and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Mr. Axtell was responsible for calculating the number of trucks required to haul asphalt from the mix plant according to capacity of vehicles, traffic conditions, distance from work site, and productivity of drivers; monitoring the work, verify adherence to project schedules, identifying insufficient utilization of workers and equipment; measuring slope and thickness of paving to verify compliance with contract; supervising workers engaged in patching asphalt paving; and instructing new and existing team members of efficiency, personal conduct, safety policies, as well as comprehension of equipment and tools required for the job. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages Appendix "A" 15 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD Gary Elliott Electrical Inspector Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. His areas of expertise include project management, electrical systems controls, intelligent transportation systems, and transportation electrical infrastructure. Mr. Elliott's experience includes overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. His management duties have included bid reviews, project budgets, submittals, procurement, change order estimations, change order negotiations, project analysis, billing, and verification of field installations. Mr. Elliott excels at managing communications; working with intelligent transportation system installations (ITS); and developing working relationships with agency inspectors, design engineers, and supervisory staff. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit, Segments 1B, 2A/2B, 1A (San Diego, CA) Mr. Elliott serves as Senior Electrical Inspector for all segments of the SANDAG South Bay Bus Rapid Transit (SBBRT) project. When completed, SBBRT will include 11 stations along a 26-mile route, connecting residents to employment and activity centers between Downtown and the South Bay in San Diego, California. Segment 1B includes three stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista. Segment 2A/2B includes major features such as two new BRT stations and an elevated structure over SR-125. Segment 1A will complete the last portion of the nearly six-mile long dedicated BRT guideway along East Palomar Street and includes 51 Franchise utility relocations. All segments feature grading; drainage and wet utility improvements; roadway improvements; traffic signal modifications including Transit Signal Priority technology, electrical, and communications; bus stop shelters and station amenities; signage and striping; landscape; and irrigation. Mr. Elliott’s responsibilities include inspection of all electrical systems including communications duct bank, message signs, canopy lighting, area lighting, and various patron interface field elements at station locations, including inspection and commissioning activities for 12 traffic signal modifications and 50 streetlights for Segment 1B. Communications systems included project wide fiber optic cable installation, termination, and documentation. Additionally, Mr. Elliott served as Lead Traffic Signal, Electrical, and Communication Systems Reviewer for the constructability review of Segment 1B. As part of a multi-disciplined team, he thoroughly reviewed the project plans, specifications, and estimates to provided comments related to all traffic signal, electrical, and communication elements of the project. SANDAG On-call Construction Management Services, Mid-City Rapid (San Diego, CA) Mr. Elliott served as Senior Electrical Inspector on the $11M SANDAG Mid-City Rapid project, which provided the infrastructure to support the operation of the new Mid-City Rapid bus service running between San Diego State University and downtown San Diego through some of the City’s oldest and most densely populated communities. The new bus line offers increased service frequency, faster travel times, and enhanced passenger amenities. Improvements included underground wet utility construction; roadways; traffic signal construction with transit signal priority technology; street lighting; and 18 bus stations with amenities, including platform paving, shelters, site furnishings, signage, lighting, and landscaping. Mr. Elliott was responsible for overseeing all electrical construction management, as well as inspection and commissioning of all traffic signals, shelters, fiber optic communications, optical bus detection, and Traffic Signal Priority (TSP) controllers. Education/Professional Registration AGC Project Management Certificate Course, 2010, Palomar College Electrical Apprenticeship, 1983, San Diego Community College ACI Certified Concrete Field Testing Technician – Grade 1, No. 01271643 (Exp. 1/23/2021) ACI CRSI Adhesive Anchor Installer, No. 01271643 (Exp. 1/23/2021) Appendix "A" 16 of 16 DocuSign Envelope ID: FC60271C-A24B-49D5-9868-4CCD9CE1E4DD 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. TRAN1476 City Attorney Approved Version 7/19/17 1 of 16 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 16PALOMAR AIRPORT ROAD WIDENING PROJECT NO. 6043-6044 This sixteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder Construction Services, Inc., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordancewith the "Project Engineer’s Manual", 2001 edition, as published by the City's EngineeringDepartment, City "Standards for Design & Construction of Public Works Improvements inthe City of Carlsbad," and the proposal dated Aug. 26, 2019, (“proposal”), attached asAppendix "A" for the Palomar Airport Road Widening, (the “Project"). The Projectservices shall include Preconstruction Construction Management and Inspection Servicesfor the Palomar Airport Road Widening Project. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work withinfive (5) working days after receiving this fully executed document and a City PurchaseOrder. Contractor shall complete the work within one hundred fifty (150) working daysthereafter. Working days are defined in section 6-7.2 “Working Day” of the StandardSpecifications for Public Works Construction (Green Book). Extensions of time for thisTask Description may be granted if requested and agreed to in writing by the Director orCity Manager. In no event shall Contractor work beyond the term or authorizedcompensation of the Master Agreement, as amended by this Project Task Description andFee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $29,104. DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 September 17, 2019 TRAN1476 City Attorney Approved Version 7/19/17 2 of 16 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 TRAN1476 City Attorney Approved Version 7/19/17 3 of 16 TABLE 1 FEE ALLOTMENT PRECONSTRUCTION CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PALOMAR AIRPORT ROAD WIDENING PROJECT TASK GROUP RATE HOURS TOTAL Project Manager $192 56 $10,752 Senior Inspector (Non-PW) $148 124 $18,352 TOTAL (Not-to-Exceed) $29,104 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) George Pierson, President Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: _____________________________________ Date: ________________ Paz Gomez, Deputy City Manager, Public Works APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 9/16/2019 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 August 26, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey, LEED AP Municipal Projects Manager SUBJECT: Palomar Airport Road Widening Project Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Palomar Airport Road Widening project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz, PE, QSD – Project Manager/Schedule Reviews •Shawn Stewart – Civil Inspector (Lead) •Joe Axtell – Civil Inspector (Alternate) •Gary Elliott – Electrical Inspector Mark Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Plotnikiewicz will serve as Project Manager for the project as well as provide schedule review services. Shawn Stewart will serve as the Civil Inspector (Lead) for the project. He brings extensive construction inspection experience and a strong background in the supervision of public works projects, including recently completing several projects for the City of Carlsbad such as the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17) and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. He has been involved on multiple public works projects and has experience in overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp Appendix "A"TRAN1476 4 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. We understand that this project includes the installation of new traffic signals at the intersection of Palomar Airport Road and Paseo Del Norte. It is anticipated that the fabrication for these signals may take from three to six months. In order to begin the submittal and procurement process the City of Carlsbad anticipates providing limited notice-to-proceed (NTP) in the coming weeks and full NTP in January of 2020. Based on this information, we have provided an alternate inspector to mitigate any potential scheduling conflicts due to the prolonged project schedule. Joe Axtell is currently serving as the Civil Inspector on the 2018 Pavement Overlay (Rebid) project and is proposed as the Civil Inspector (Alternate) for this project. He also has extensive experience as an inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell worked as a Paving Foreman for an asphalt company, which has provided him an in-depth knowledge of the construction techniques required to correctly construct asphalt pavement. Resumes for Mr. Plotnikiewicz, Mr. Stewart, Mr. Axtell, and Mr. Elliott are attached for your review. KCS possesses additional qualified inspection staff should other project needs arise or additional staff be required by the City. Our attached scope of work and fee submittal are based on an estimated schedule of 70 working days, with additional days included for submittals during the limited NTP. We have broken out the preconstruction and construction phases into two separate fee proposals. We have assumed Monday through Friday will be considered the working days on the Project. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com Appendix "A"TRAN1476 5 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Palomar Airport Road Widening CLIENT: City of Carlsbad DATE: August 26, 2019 PROJECT DESCRIPTION The project consists of widening Palomar Airport Road from the I-5 NB On/Off ramps to Paseo Del Norte in the City of Carlsbad. The contract work includes the following: •Public notification •HMA mix design •Traffic control •Demolition •Full depth paving •Cold mill and overlay •Concrete curb and gutter •Sidewalk •Drainage •Water service/backflow preventer •Raise utilities to grade •Traffic signal video detection •Traffic loops •Signing/Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, Caltrans, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical Appendix "A"TRAN1476 6 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files Appendix "A"TRAN1476 7 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Appendix "A"TRAN1476 8 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 8 16 0 $3,904.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 48 100 0 $24,016.00 1.4 Perform Field Inspection / Documentation 0 0 0 $0.00 1.5 Complete Final Reports / Closeout Files 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 56 124 0 0 0 $29,104.00 Total Hours: 180 $29,104.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Palomar Airport Road Widening - Preconstruction Notes: Estimate is based on 70 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Senior Inspector hours include both the Civil Inspector and the Electrical Inspector. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 8/26/2019 Appendix "A"TRAN1476 9 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 0 0 0 $0.00 1.2 Prepare/Conduct Preconstruction Meeting 0 0 0 $0.00 1.3 CM and Administrative Duties 0 0 0 $0.00 1.4 Perform Field Inspection / Documentation 0 60 580 $101,680.00 1.5 Complete Final Reports / Closeout Files 8 40 0 $7,456.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 8 100 580 0 0 $109,136.00 Total Hours: 688 $109,136.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Palomar Airport Road Widening - Construction Phase Notes: Estimate is based on 70 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Senior Inspector hours include both the Civil Inspector and the Electrical Inspector. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 8/26/2019 Appendix "A"TRAN1476 10 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader Appendix "A"TRAN1476 11 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. Appendix "A"TRAN1476 12 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Shawn Stewart Senior Inspector Shawn Stewart has 28 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. City of Carlsbad ADA Improvements Program (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities include field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project includes work Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) Appendix "A"TRAN1476 13 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. City of Laguna Hills Citywide Asphalt Concrete Rehabilitation/Slurry Seal Project 2007 (Laguna Hills, CA) Mr. Stewart served as an Assistant Resident Engineer on this pavement rehabilitation/slurry seal project for the City of Laguna Hills. He was responsible for identifying areas of existing pavement for rehabilitation, inspecting the removal and replacement of the AC structural section, and monitoring the Type 2 slurry seal application. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. SANDAG On-call Construction Management Services, Green Line Station Platform Modifications (San Diego, CA) Mr. Stewart served as a Civil/Station Inspector on the Green Line Station Platform Modifications project. This $8.5M project consisted of modifications to eight stations to accommodate new low floor vehicles. Mr. Stewart was responsible for inspection of all work items on the platform modifications, including demolition, excavation, trenching, grading, structural, and minor concrete, as well as AC paving and placement of station amenities. Mr. Stewart also represented SANDAG through their Public Outreach Program, communicating with residents, homeowner associations, and local businesses throughout the duration of the project. Appendix "A"TRAN1476 14 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 City of Carlsbad On-call Construction Management Services Palomar Airport Road Widening Project Joe Axtell Senior Inspector (Alternate) Freeman Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction, and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Mr. Axtell was responsible for calculating the number of trucks required to haul asphalt from the mix plant according to capacity of vehicles, traffic conditions, distance from work site, and productivity of drivers; monitoring the work, verify adherence to project schedules, identifying insufficient utilization of workers and equipment; measuring slope and thickness of paving to verify compliance with contract; supervising workers engaged in patching asphalt paving; and instructing new and existing team members of efficiency, personal conduct, safety policies, as well as comprehension of equipment and tools required for the job. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages Appendix "A"TRAN1476 15 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 Gary Elliott Electrical Inspector Gary Elliott has 36 years of electrical engineering experience, including over 20 years serving in supervisory and project management roles. His areas of expertise include project management, electrical systems controls, intelligent transportation systems, and transportation electrical infrastructure. Mr. Elliott's experience includes overseeing the installation of electrical systems and communications equipment such as traffic signals, safety lighting, traffic monitoring, ramp metering, fiber optic communications, and barrier transfer machine guidance systems in a variety of transportation environments including railroad, highway, and toll road projects. His management duties have included bid reviews, project budgets, submittals, procurement, change order estimations, change order negotiations, project analysis, billing, and verification of field installations. Mr. Elliott excels at managing communications; working with intelligent transportation system installations (ITS); and developing working relationships with agency inspectors, design engineers, and supervisory staff. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit, Segments 1B, 2A/2B, 1A (San Diego, CA) Mr. Elliott serves as Senior Electrical Inspector for all segments of the SANDAG South Bay Bus Rapid Transit (SBBRT) project. When completed, SBBRT will include 11 stations along a 26-mile route, connecting residents to employment and activity centers between Downtown and the South Bay in San Diego, California. Segment 1B includes three stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista. Segment 2A/2B includes major features such as two new BRT stations and an elevated structure over SR-125. Segment 1A will complete the last portion of the nearly six-mile long dedicated BRT guideway along East Palomar Street and includes 51 Franchise utility relocations. All segments feature grading; drainage and wet utility improvements; roadway improvements; traffic signal modifications including Transit Signal Priority technology, electrical, and communications; bus stop shelters and station amenities; signage and striping; landscape; and irrigation. Mr. Elliott’s responsibilities include inspection of all electrical systems including communications duct bank, message signs, canopy lighting, area lighting, and various patron interface field elements at station locations, including inspection and commissioning activities for 12 traffic signal modifications and 50 streetlights for Segment 1B. Communications systems included project wide fiber optic cable installation, termination, and documentation. Additionally, Mr. Elliott served as Lead Traffic Signal, Electrical, and Communication Systems Reviewer for the constructability review of Segment 1B. As part of a multi-disciplined team, he thoroughly reviewed the project plans, specifications, and estimates to provided comments related to all traffic signal, electrical, and communication elements of the project. SANDAG On-call Construction Management Services, Mid-City Rapid (San Diego, CA) Mr. Elliott served as Senior Electrical Inspector on the $11M SANDAG Mid-City Rapid project, which provided the infrastructure to support the operation of the new Mid-City Rapid bus service running between San Diego State University and downtown San Diego through some of the City’s oldest and most densely populated communities. The new bus line offers increased service frequency, faster travel times, and enhanced passenger amenities. Improvements included underground wet utility construction; roadways; traffic signal construction with transit signal priority technology; street lighting; and 18 bus stations with amenities, including platform paving, shelters, site furnishings, signage, lighting, and landscaping. Mr. Elliott was responsible for overseeing all electrical construction management, as well as inspection and commissioning of all traffic signals, shelters, fiber optic communications, optical bus detection, and Traffic Signal Priority (TSP) controllers. Education/Professional Registration AGC Project Management Certificate Course, 2010, Palomar College Electrical Apprenticeship, 1983, San Diego Community College ACI Certified Concrete Field Testing Technician – Grade 1, No. 01271643 (Exp. 1/23/2021) ACI CRSI Adhesive Anchor Installer, No. 01271643 (Exp. 1/23/2021) Appendix "A"TRAN1476 16 of 16 DocuSign Envelope ID: 9DBD54F5-F597-499E-9BA6-43A7FF3AB807 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. TRAN1476 City Attorney Approved Version 7/19/17 1 of 14 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 15 PROJECT NO. 6001-19(SS) This fifteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder Construction Services Inc., a California Corporation ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016 (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordancewith the "Project Engineer’s Manual", 2001 edition, as published by the City's EngineeringDepartment, City "Standards for Design & Construction of Public Works Improvements inthe City of Carlsbad," and the proposal dated August 2, 2019, (“proposal”), attached asAppendix "A" for the 2019 Slurry Seal Project, (the “Project"). The Project services shallinclude Construction Management and Inspection Services for the 2019 Slurry SealProject. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director 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 fifty-five (55) working days thereafter. Workingdays are defined in section 6-7.2 "Working Day" of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the Agreement, asamended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1.Progress payments shall be based on hours worked. Appendix "A", attached, preparedby Contractor and reviewed by City, shows the parties’ intent as to the elements, scopeand extent of the task groups. Contractor acknowledges that performance of any and alltasks by the Contractor constitutes acknowledgment by Contractor that such tasks arethose defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $99,900. DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 August 25, 2019 TRAN1476 City Attorney Approved Version 7/19/17 2 of 14 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 TRAN1476 City Attorney Approved Version 7/19/17 3 of 14 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2019 SLURRY SEAL PROJECT TASK GROUP RATE HOURS TOTAL Project Manager $192 48 $9,216 Senior Inspector (Non-PW) $148 163 $24,124 Senior Inspector (PW) $160 416 $66,560 TOTAL (Not-to-Exceed) $99,900 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES INC., a California corporation CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) George Pierson, President Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ For Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 8/23/2019 5761 Copley Drive, Suite 100, San Diego, CA 92111 | P: 858.223.8500 F: 858.223-8499 August 2, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager SUBJECT: 2019 Slurry Seal Project – Construction Management and Inspection Services Dear Mr. Didier: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2019 Slurry Seal project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Tim Loveridge - Civil Inspector (Lead) •Joe Axtell – Civil Inspector (Alternate) Mr. Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Loveridge has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He served as the Civil Inspector on the City of Carlsbad’s previous 2018 Slurry Seal project and on the County of San Diego’s $6M 2017/2018 Countywide Slurry Seal B project. Tim has also worked on multiple City of Carlsbad projects including Recycled Water Phase III Pipeline Expansion Segment 9, Barrio ADA Ramp Improvements Phase 2, Trails Roadway Crossings, and El Camino Real Widening. His roles on this project will include inspection of the work, daily documentation, and document filing. Mr. Axtell is included as an alternate to serve as a backup inspector if scheduling conflicts arise. Joe is currently serving as the Civil Inspector on the City of Carlsbad 2018 Pavement Overlay (Rebid) project. He also has extensive experience as a lead inspector on multiple public works projects including roadway rehabilitations and traffic signal projects. Additionally, Mr. Axtell previously worked as a Paving Foreman for an asphalt company, which has provided him an in- Appendix "A"TRAN1475 4 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 depth knowledge of the construction techniques required to correctly construct asphalt pavement. Resumes for Mr. Plotnikiewicz, Mr. Loveridge, and Mr. Axtell are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 70 working days. We have assumed Monday through Friday will be considered the working days on the Project, based on the information provided in the contract documents. We look forward to continuing our relationship with the City of Carlsbad through this new project. If you have any questions about the attached submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachment Hank Gentile, PE Kleinfelder Construction Services O: 858-223-8473 M: 858-705-0076 E: hgentile@kleinfelder.com Mark Plotnikiewicz, PE, QSD Kleinfelder Construction Services O: 858-223-8480 M: 858-688-7182 E: mplotnikiewicz@kleinfelder.com Appendix "A"TRAN1475 5 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2019 Slurry Seal CLIENT: City of Carlsbad DATE: August 2, 2019 PROJECT DESCRIPTION The project consists of slurry sealing various roadways throughout the City of Carlsbad. The contract work includes the following: • Public notification • Slurry seal mix design • Traffic control • Striping and marking removal • Cold plane and overlay • Crack sealing • Slurry sealing (one or two layers) • Adjusting utilities to grade • Signing/Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, slurry seal mix designs, and asphalt concrete mix designs (HMA job mix formulas). • Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not Appendix "A"TRAN1475 6 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.3 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform quality assurance field inspection and documentation required for the project. The following highlights a few key components of this work: Appendix "A"TRAN1475 7 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal • Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. • Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Appendix "A"TRAN1475 8 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 8 16 0 $3,904.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 32 80 0 $17,984.00 1.4 Perform Field Inspection / Documentation 0 27 416 $70,556.00 1.5 Complete Final Reports / Closeout Files 8 32 0 $6,272.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 48 163 416 0 0 $99,900.00 Total Hours: 627 $99,900.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on the project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2019 Slurry Seal Notes: Estimate is based on 55 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include no overtime. Project Manager Senior Inspector (Non-PW) Senior Inspector (PW) Senior Inspector (PW - OT) Kleinfelder Construction Services Kleinfelder Construction Services 8/13/2019 Appendix "A"TRAN1475 9 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KCS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KCS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader Appendix "A"TRAN1475 10 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KCS’ on-call contract with NCTD. KCS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. Appendix "A"TRAN1475 11 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal Tim Loveridge, QSP Construction Inspector Tim Loveridge has 32 years of industry experience with a strong background in the supervision of public works, Caltrans freeway construction, and underground infrastructure projects. He has provided construction inspection and administration services for numerous roadway and transportation related projects, with comprehensive experience including asphalt concrete (AC) and portland cement concrete (PCC) paving, overlays, chip seals, earthwork, grading, traffic control, wet utilities, and storm drain systems. Mr. Loveridge has served as Assistant Resident Engineer and Lead Construction Inspector on numerous slurry seal and overlay programs on local neighborhood and commercial streets for the County of San Diego and the City of Carlsbad. His construction background and knowledge of construction practices and procedures, knowledge of Caltrans inspection and documentation procedures, along with his great attitude and flexibility, make him an excellent candidate for any construction management team. City of Carlsbad 2018 Slurry Seal (Carlsbad, CA) Mr. Loveridge serves as Civil Inspector for this $807K slurry seal project. The work consists of slurry sealing various roadways throughout the City, slurry seal mix design, cold plane overlay, crack sealing, striping and marking removal, striping/pavement markers, traffic control, and public notification. Mr. Loveridge’s responsibilities include monitoring the Contractor’s activity in accordance with the contract documents, serving as the main point of contact in dealing with private resident and commercial business concerns, coordinating with the City’s materials testing consultant, documenting the work in daily diaries and weekly statement of working days, and preparing the punch-list. Additional responsibilities include reviewing the plans, specifications, and estimates (PS&E) package, reviewing and responding to submittals, reviewing the Contractor’s baseline schedule, coordinating weekly meetings with the City and the Contractor, logging and reviewing requests for information (RFIs), developing the monthly pay estimate, negotiating and executing contract change orders, maintaining as-builts, and maintaining the project filling system. County of San Diego On-call Construction Management Services, Countywide Slurry Seal B FY2017/18 (San Diego, CA) Mr. Loveridge served as Assistant Resident Engineer for the $6M County of San Diego Fiscal Year 2017/18 Countywide Slurry Seal B program. The project consisted of pavement seals including slurry seals, chip seals, scrub seals, pavement rehabilitation, traffic delineation, curb ramp retrofitting, minor concrete work, and traffic signal video detection system installation. Mr. Loveridge was responsible for quality assurance inspection of construction activities, performing quantity calculations, preparing quantity sheets, and documenting the work in daily diaries. Mr. Loveridge came onto the job mid-way through the project and inherited challenges involving stakeholders, which occurred during the first phase of the project. Mr. Loveridge addressed these challenges with professionalism and patience and ultimately reached resolution for all parties. County of San Diego On-call Construction Management Services, Countywide Asphalt Concrete Overlay FY2016/17 (San Diego, CA) Mr. Loveridge served as Civil Inspector for the County of San Diego’s Fiscal Year 2016/2017 Countywide AC Overlay project. The project repaired existing damaged asphalt concrete at various locations throughout San Diego County. In this role, he performed quality assurance inspection of all field activities including traffic control, asphalt milling, asphalt paving, cold-in-place recycling, and striping. Mr. Loveridge was also responsible for all quantities and preparing quantity sheets. City of Carlsbad On-call Construction Management Services 2013 Overlay Project (Carlsbad, CA) Mr. Loveridge served as Quality Assurance Inspector for this $1M pavement overlay project. This project consisted of milling and paving of various streets throughout the City of Carlsbad. Hired as an Inspector, Mr. Loveridge’s responsibilities included various Resident Engineer duties such as submittal review and approval, negotiating with the Contractor, coordination with stakeholders, scheduling third party firms such as the City’s material testing consultant, Education/Professional Registration Qualified SWPPP Practitioner in California, No. 26946 Certified Inspector of Sediment and Erosion Control, No. 2470 CAL/OSHA 10-hour Construction Safety and Health Training NASSCO Cured-in-Place Pipe Installation Certification Caltrans 8-hour SWPPP Training Appendix "A"TRAN1475 12 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal and daily coordination and communication with impacted local residents. In addition to these duties, he provided daily quality assurance inspection of items such as traffic control, asphalt milling, asphalt paving, and traffic striping. Mr. Loveridge provided daily reports for all of the work performed on this project. City of Carlsbad On-call Construction Management Services, Barrio ADA Ramp Improvements Phase 2 (Carlsbad, CA) Mr. Loveridge served as Project Inspector for this American with Disabilities Act (ADA) improvement project in Carlsbad, California. The project consisted of various improvements at numerous locations of curb ramps and sidewalks throughout the Barrio neighborhood of Carlsbad. Work on the project included removal and replacement of ADA curb ramps at 28 locations, installation of streetlights, removal of AC sidewalks and curbs, and PCC sidewalks and curb, and gutter. Mr. Loveridge provided field inspection in addition to performing Resident Engineer duties including submittal reviews, coordinating with third parties, negotiating with the Contractor, documenting project files and correspondence, and communication with local residents. City of Carlsbad On-call Construction Management Services, McClellan-Palomar Airport Apron Repair (Carlsbad, CA) Mr. Loveridge served as Senior Construction Inspector for this City of Carlsbad McClellan-Palomar Airport Apron Repair project, which entailed the repair and replacement of subgrade and asphalt for the McClellan-Palomar Airport apron. In this role, he performed field inspection for all removals and re-compaction, subgrade preparation, subbase, base, and final paving operations. Mr. Loveridge’s responsibilities also included verifying improvements were constructed and materials were supplied in accordance with the contract plans and specifications; preparing daily inspection reports; verifying the Contractor’s compliance with approved plans, specifications, accepted submittals, and associated permits; coordinating with City, Carlsbad Municipal Water District, and airport staff; and coordinating project close-out activities and documentation including punch lists, compaction reports, materials certifications, and contractor payments. City of Carlsbad On-call Construction Management Services, Trails Roadway Crossings (Carlsbad, CA) Mr. Loveridge served as Project Inspector for two roadway crossing improvement projects in Carlsbad, California. The Calavera Hills Park Crossing location consisted of upgrades to the Victoria Avenue and Carlsbad Village Drive intersection including removal of AC pavement and base course, concrete curb, gutter, sidewalk, vegetation and debris; construction of new AC roadway, curb, gutter, sidewalks, and ADA ramps; replacement of valve box and utility pull boxes; and relocation of street lighting and associated electrical lines. The Old Rancho Santa Fe Road Crossing location consisted of upgrades to the Cadencia Street and Old Rancho Santa Fe Road intersection including removal of AC pavement and base course, concrete curb, gutter, sidewalk, dike, vegetation, and debris; the construction of new AC roadway, trail pavement, curb, gutter, sidewalks, ADA ramps, ditch, and modified curb outlet; replacement of water meter box; relocation of sign and trash; and installation of new signing and striping. Both locations required the installation of water pollution control measures including compost filter socks, fiber rolls, inlet protection, concrete washouts, and stabilized construction entrance. In addition to performing field inspection, Mr. Loveridge performed Resident Engineer duties including submittal reviews, coordination with third parties, negotiations with the Contractor, and communication with local residents. City of Carlsbad El Camino Real Widening (Carlsbad, CA) Mr. Loveridge served as Project Inspector on this critical project to widen El Camino Real, a prime arterial roadway, in Carlsbad, California. In this role, Mr. Loveridge’s responsibilities included verifying and tracking of materials delivered/used, determining line and grade of all installed items, tracking of daily production quantities and labor hours, and verifying conformance to the contract. Additionally, he developed and maintained the monthly quantity sheets for payment and was responsible for quality assurance oversight of SWPPP preparations and best management practices (BMPs) installation/maintenance, as well as observation and reporting of traffic/public interaction and use of the project corridor. Mr. Loveridge also assisted in the development of RFI responses and field implementation and tracking of all items related to contract change orders, and assisted with coordination of required biological, archaeological, and cultural monitoring. Appendix "A"TRAN1475 13 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 City of Carlsbad On-call Construction Management Services 2019 Slurry Seal Joe Axtell Senior Inspector (Alternate) Freeman Axtell brings over 30 years of industry experience, including having worked as a contractor, an agency representative, and a private consultant. Mr. Axtell’s experience includes 21 years specifically in construction inspection. He has provided inspection for a wide variety of projects from roadways and bridges to culverts, storm drains, traffic signals and signage, sidewalks, greenways, and water/sewer mains. Mr. Axtell has considerable experience in all phases of roadway construction, and has a thorough understanding of road construction materials and methods, including concrete pours, excavation, soil composition, and reinforced steel pipes. He also brings an in-depth understanding of soils analysis, having previously worked in a Caltrans certified materials testing lab for the County of Riverside. With his experience as a contractor, consultant, and agency representative, Mr. Axtell brings a well-rounded understanding and knowledge of construction practices and techniques, and the ability to effectively identify and discuss potential issues with the Contractor before they cause delays or extra costs. City of Carlsbad 2018 Pavement Overlay - Rebid (Carlsbad, CA) Mr. Axtell serves as the Lead Inspector on this pavement overlay project throughout the City of Carlsbad. For this project, his responsibilities have included providing preconstruction reviews of the areas to be paved, meeting with numerous residents and business owners to discuss the project details and schedule, coordinating with City staff for review of the project submittals, and chairing the preconstruction meeting. Mr. Axtell will be the single point of contact on the project. His additional duties will include reviewing the traffic control, monitoring the Contractor’s work, writing daily reports, providing field measurements, maintaining the project files, preparing monthly estimates, and chairing weekly meetings. County of Riverside, Senior Engineering Inspector (Riverside, CA) While with the County of Riverside, Mr. Axtell served as a Lead inspector for housing tracts throughout Riverside County, including over 200 tracks. His responsibilities included quality control materials field testing; reviewing and interpreting drawings and specifications; maintain project records, daily diaries, material notebooks, as-built plans, and pay quantities; preparing inspection reports; providing field measurements and reports for payment quantities and changes in the work, as well as coordinating with County staff, various agencies, and the general public. Mr. Axtell practiced general jobsite safety practices and completed yearly safety certifications. His experience with the County also includes five years working in the County’s Caltrans certified materials lab performing field and lab testing and conducting compaction on earthwork and base sub grades. Additionally, he worked for two years with the County’s striping crew. Kovacik Asphalt, Superintendent, Striper Foreman, Paving Foreman (Murrieta, CA) Mr. Axtell held a variety of roles during his 13 years at Kovacik Asphalt, including as a Superintendent, a Striper Foreman, and a Paving Foreman. His responsibilities included supervising daily operations and coordinating work for project staff engaged in spreading, rolling, and compacting asphalt or similar material to form surfaces for highways, streets, parking lots, and aircraft landing strips. Mr. Axtell was responsible for calculating the number of trucks required to haul asphalt from the mix plant according to capacity of vehicles, traffic conditions, distance from work site, and productivity of drivers; monitoring the work, verify adherence to project schedules, identifying insufficient utilization of workers and equipment; measuring slope and thickness of paving to verify compliance with contract; supervising workers engaged in patching asphalt paving; and instructing new and existing team members of efficiency, personal conduct, safety policies, as well as comprehension of equipment and tools required for the job. Education/Professional Registration Institute of Transportation Studies, Fundamentals of Inspection Practice, Safety through Maintenance and Construction Zones County Safety Driver Training Hazardous Materials Training and Testing, Radiation Safety and use of Nuclear Gages Appendix "A"TRAN1475 14 of 14 DocuSign Envelope ID: 6AF8F6E2-C420-49C9-94E0-7B20EFE48A11 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. TRAN1476 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER CONSTRUCTION SERVICES, INC. This ratification of Amendment No. 3 and Amendment No. 4 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder Construction Services, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement’s original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. On September 13, 2017, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and C. On July 30, 2018, the Parties executed Amendment No. 3 to extend and fund the Agreement for a one (1) year term through September 29, 2019; and D. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 3 lacked proper authority to sign; and E. The Parties desire to ratify Amendment No. 3 to the Agreement, retroactive to July 30, 2018; and F. The Parties desire to extend the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 3 to the Agreement is hereby ratified, retroactive to July 30, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 0F99683E-7C65-4BE5-AE2E-6688337135B1 August 14th TRAN1476 City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KLEINFELDER CONSTRUCTON SERVICES INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager George Pierson, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Deborah Butera, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 0F99683E-7C65-4BE5-AE2E-6688337135B1 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. TRAN1476 City Attorney Approved Version 7/19/17 1 of 13 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 14 PROJECT NO. 6001-18(OL) This fourteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Construction Management and Inspection Services in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 28, 2019, (“proposal”), attached as Appendix "A" for the 2018 Pavement Overlay, (the “Project"). The Project services shall include Construction Management and Inspection Services for the 2018 Pavement Overlay Project. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director 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). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $102,320. DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 July 18, 2019 TRAN1476 City Attorney Approved Version 7/19/17 2 of 13 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 TRAN1476 City Attorney Approved Version 7/19/17 3 of 13 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2018 PAVEMENT OVERLAY PROJECT TASK GROUP RATE HOURS TIME & MATERIALS Project Manager $192 64 $12,288 Senior Inspector Varies (Appendix A) 584 $90,032 TOTAL (Not-to-Exceed) $102,320 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) George Pierson, President Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 7/17/2019 May 29, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Emily Hasegawa, P.E. Municipal Projects Manager SUBJECT: 2018 Pavement Overlay Project – Construction Management and Inspection Services Dear Ms. Hasegawa: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2018 Pavement Overlay (Rebid) project. We are proposing the following personnel to manage the project: • Mark Plotnikiewicz – Project Manager/Schedule Reviews • Shawn Stewart - Civil Inspector Mr. Plotnikiewicz has 28 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Stewart has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has recently completed several projects for the City of Carlsbad including the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17), and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). His roles will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Stewart are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 50 working days. We have assumed Monday through Friday will be considered the working days on the Project. APPENDIX "A"TRAN1476 4 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, Hank Gentile, P.E. Kleinfelder Construction Services Attachment APPENDIX "A"TRAN1476 5 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2018 Pavement Overlay Project (Rebid) CLIENT: City of Carlsbad DATE: May 29, 2019 PROJECT DESCRIPTION The project consists cold milling and overlaying portions of La Costa Avenue, Navarra Drive, Pirineos Way, Nueva Castilla Way, and Viejo Castilla Way in the City of Carlsbad. The contract work includes the following: • Public notification • HMA mix design • Traffic control • Cold mill and overlay – 2.0”/2.5" • Raise utilities to grade • Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). • Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order APPENDIX "A"TRAN1476 6 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: APPENDIX "A"TRAN1476 7 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 • Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. • Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. APPENDIX "A"TRAN1476 8 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $178.00 FEE 1.1 Review PS&E and Prepare Files 8 16 0 $3,904.00 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 $1,184.00 1.3 CM and Administrative Duties 48 80 0 $21,056.00 1.4 Perform Field Inspection / Documentation 0 320 120 $68,720.00 1.5 Complete Final Reports / Closeout Files 8 40 0 $7,456.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 64 464 120 0 0 $102,320.00 Total Hours: 648 $102,320.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2018 Pavement Overlay Project - Rebid Notes: Estimate is based on 50 working days. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Overtime hours at the overtime rate for the Senior Inspector are shown for work exceeding 40-hours per week. Project Manager Senior Inspector (Straight Time) Senior Inspector (Overtime) Kleinfelder Construction Services Kleinfelder Construction Services 5/29/2019 APPENDIX "A"TRAN1476 9 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 28 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KLF-CS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KLF-CS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader APPENDIX "A"TRAN1476 10 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KLF-CS’ on-call contract with NCTD. KLF-CS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. APPENDIX "A"TRAN1476 11 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 Shawn Stewart Senior Inspector Shawn Stewart has 28 years of construction management and inspection experience on a wide range of projects, including pavement rehabilitation, annual slurry seal improvement projects, polyester concrete overlay, bridge deck and structure rehabilitation, roadway widenings, realignments and new alignments, trolley station improvements, light and heavy rail improvements, and bus facility improvements. He has provided inspection for Americans with Disabilities Act (ADA) compliance and rehabilitation projects, pedestrian bridges, mass grading, utilities infrastructure, drainage structures, retaining walls, sidewalks, curbs and gutters, hot-mix asphalt (HMA) paving, slurry seals, box culvert and storm drain channels, parking lots, and underground utilities. Mr. Stewart has excellent communication skills and has proven to be an effective client/owner representative by responding to concerns of local businesses and property owners impacted by adjacent projects. He is also well versed with inspection of SWPPP and Manual on Uniform Traffic Control Devices (MUTCD). City of Carlsbad 2017 Citywide Pavement Overlay Project (Carlsbad, CA) Mr. Stewart served as a Senior Inspector for the City of Carlsbad’s 2017 Citywide Pavement Overlay Project to repair various roadways requiring crack sealing and pavement rehabilitation throughout the City. In this role, he was responsible for the inspection and documentation of all field items of work including asphalt concrete (AC) cold milling, hot mix asphalt paving, traffic control, and striping. Mr. Stewart also reviewed the project plans and performed a pre- walk of the project to verify and amend the Engineers’ estimated quantities, confirm roadway mark-outs of asphalt removal areas, and review planned traffic control measures and detours. He provided monthly progress payments, maintained project records and as-build drawings, and performed submittal reviews. Additional tasks included coordinating and conducting project meetings with the Contractor and City staff, and providing modifications to contract documents for City traffic, design, and staff engineers. City of Carlsbad 2012/2013 Slurry Seal and Asphalt Concrete Overlay Projects (Carlsbad, CA) Mr. Stewart served as an Inspector for the City of Carlsbad’s annual pavement management program. In this role, he provided inspection of roadways requiring crack sealing and pavement rehabilitation. His tasks included a pre-walk of project to verify and amend the Engineers’ estimated quantities, roadway mark-outs to identify asphalt removal areas, and monitoring crack sealing and traffic control measures. Additionally, Mr. Stewart served as a City and public representative for public outreach efforts, including communicating with residents, local businesses, public and private schools, as well as emergency services. He was also responsible for updating the project engineering section on the City’s website and posting project weekly schedules and area-impact maps for online access. Additional tasks included coordination and modifications to contract documents for City traffic, design, and staff engineers. Monthly progress payments, quantities verifications, project documentation, and project redline records were also provided. City of Carlsbad ADA Improvements Program (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector on this $620K ADA improvements project consisting of the replacement of over 100 curb ramps and the retrofit of over 50 existing curb ramps in the downtown Village, bringing them into compliance with current ADA standards. Traffic control, public notification, public parking, and staging make this project particularly challenging. Mr. Stewart’s responsibilities include field inspection, preparing monthly progress payments, and submittal review. He additionally coordinates with stakeholders and informs local businesses and affected public of construction updates. City of Carlsbad Bridge Preventative Maintenance Program 2017 (Carlsbad, CA) Mr. Stewart serves as a Senior Inspector for the City of Carlsbad’s 2017 $434K Bridge Preventive Maintenance Program for Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. The project includes work Education/Professional Registration City of San Diego Public Utilities Department Recycled Water Site Supervisor, No. 4437 CAL/OSHA 10-Hour Construction Safety and Health Training Caltrans Construction Division Field Office Procedures Training NCTD Railroad Worker Protection Training MTS Roadway Worker Protection Training Previously Certified Preparer of SWPPP (CPSWPPP) and Compliance Inspector of Stormwater (CCIS) APPENDIX "A"TRAN1476 12 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 on the Poinsettia Lane Bridge over NCTD railroad tracks and the Calle Barcelona Pedestrian Bridge. The work on the Poinsettia Lane Bridge includes replacement of the concrete barrier and chain-link fencing on the south side of the bridge, as well as repairing broken concrete and rusting components leading up to the bridge. The work on the Calle Barcelona Pedestrian Bridge includes repairing stone veneers and sealing the bridge deck. The Project will extend the service life of both bridges and eliminate costly repairs due to lack of maintenance. Mr. Stewart’s responsibilities include inspection of barrier rail with masonry wall removal and replacement, joint seal replacement, and bridge methacrylate treatment; traffic control; submittal review; progress payments to the Contractor; and coordination with the City and the public. City of Laguna Hills Citywide Asphalt Concrete Rehabilitation/Slurry Seal Project 2007 (Laguna Hills, CA) Mr. Stewart served as an Assistant Resident Engineer on this pavement rehabilitation/slurry seal project for the City of Laguna Hills. He was responsible for identifying areas of existing pavement for rehabilitation, inspecting the removal and replacement of the AC structural section, and monitoring the Type 2 slurry seal application. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. County of San Diego Annual Curb, Gutter, and Sidewalk Replacement (San Diego, CA) Mr. Stewart served as an Assistant Resident Engineer on this project, which replaced damaged sections of curb, gutter, and sidewalk at numerous locations throughout San Diego County. Mr. Stewart inspected removals, subgrade preparation, root barrier placement, concrete placement, and AC slot pavement in front of gutters. Other responsibilities included inspection and monitoring of traffic control measures and implementation of SWPPP measures throughout the project limits. SANDAG On-call Construction Management Services, South Bay Bus Rapid Transit Segment 1B (San Diego, CA) Mr. Stewart served as a Civil Inspector on the South Bay Bus Rapid Transit (SBBRT) Segment 1B project. This segment of the SBBRT includes two new stations along a two-mile route, through the master planned Otay Ranch community of Chula Vista, connecting residents to employment and activity centers between downtown San Diego and the South Bay of San Diego, California. Once completed, the SBBRT will provide frequent, rapid, and reliable bus service to help minimize traffic congestion along a major transportation corridor, offer service to areas not currently served by Rapid transit, and improve travel times by utilizing dedicated transit-only lanes, traffic signal priority, limited station stops, and real-time passenger information. Mr. Stewart was responsible for inspecting the civil improvements on the project, including grading, excavation and construction of the BRT guideway, utility service installations, and realignments and improvements. Additionally, he inspected storm drain piping, structures and tie-ins to existing storm drain facilities, recycled and potable water services, pathways and sidewalks, curb and gutter improvements including ADA improvements, hot-mix asphalt paving and overlays, signalization at the intersections, regulatory signage and striping, and landscaping and irrigation. He coordinated with Otay Water District, Department of Environmental Health, City of Chula Vista, and Federal Transportation Administration for barrier rail construction and public facilities inspection. SANDAG On-call Construction Management Services, Green Line Station Platform Modifications (San Diego, CA) Mr. Stewart served as a Civil/Station Inspector on the Green Line Station Platform Modifications project. This $8.5M project consisted of modifications to eight stations to accommodate new low floor vehicles. Mr. Stewart was responsible for inspection of all work items on the platform modifications, including demolition, excavation, trenching, grading, structural, and minor concrete, as well as AC paving and placement of station amenities. Mr. Stewart also represented SANDAG through their Public Outreach Program, communicating with residents, homeowner associations, and local businesses throughout the duration of the project. APPENDIX "A"TRAN1476 13 of 13 DocuSign Envelope ID: 8C33B083-2129-4CC3-B19C-F0163854B055 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. TRAN1476 City Attorney Approved Version 7/19/17 Page 1 of 12 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 13 PROJECT NO. 6001-18SS This Thirteenth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder Construction Services, Inc., ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONSContractor shall provide construction management and inspection services in accordancewith the City of Carlsbad Engineering Standards, 2016 Edition, the StandardSpecifications for Public Works Construction, 2018 Edition and the supplements theretoas published by the “Green Book” Committee of Public Works Standards and the proposaldated January 8, 2019, (“proposal”), attached as Appendix "A" for the 2018 Slurry Seal,(the “Project"). The Project services shall include construction management, contractadministration, inspection, project close out and all remaining contract work. 2.PROGRESS AND COMPLETIONContractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director 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 seventy (70) working days thereafter. Workingdays are defined in section 6-7.2 "Working Day" of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the Agreement, asamended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTORContractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on a time and materials basis. Appendix "A",attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to theelements, scope and extent of the task groups. Contractor acknowledges thatperformance of any and all tasks by the Contractor constitutes acknowledgment byContractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $108,000. 4.PREVAILING WAGE RATESAny construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to state DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC February 15, 2019 TRAN1476 City Attorney Approved Version 7/19/17 Page 2 of 12 prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT- 2018 SLURRY SEAL PROJECT TASK GROUP RATE HOURS TIME & MATERIALS Senior Inspector Vary Refer to Appendix A 576 $97,248 Project Manager 192.00 56 $10,752 TOTAL (Not-to-Exceed) $108,000 CONTRACTOR Kleinfelder Construction Services, Inc. Kleinfelder Construction Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) George Pierson, President Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ For Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Deputy City Attorney DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC 2/14/2019 January 8, 2019 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager SUBJECT: 2018 Slurry Seal Project – Construction Management and Inspection Services Dear Mr. Didier: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2018 Slurry Seal project. We are proposing the following personnel to manage the project: •Mark Plotnikiewicz – Project Manager •Tim Loveridge - Civil Inspector Mr. Plotnikiewicz has 27 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City’s processes. Mr. Loveridge has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He recently served as the Civil Inspector on the County of San Diego’s $6M 2017/2018 Countywide Slurry Seal B project. Tim has also worked on multiple City of Carlsbad projects including Recycled Water Phase III Pipeline Expansion Segment 9, Barrio ADA Ramp Improvements Phase 2, Trails Roadway Crossings, and El Camino Real Widening. His roles on this project will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Loveridge are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 45 working days. We have assumed Monday through Saturday will be considered the working days on the Project, based on the information provided in the contract documents. APPENDIX A TRAN1476 Page 3 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, Hank Gentile, P.E. Kleinfelder Construction Services Attachment APPENDIX A TRAN1476 Page 4 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: 2018 Slurry Seal Project CLIENT: City of Carlsbad DATE: January 8, 2019 PROJECT DESCRIPTION The project consists of slurry sealing various roadways throughout the City of Carlsbad. The contract work includes the following: •Public notification •Slurry seal mix design •Traffic control •Striping and marking removal •Cold plane and overlay •Crack sealing •Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. This includes visiting the project site and confirming the existing conditions. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: KCS’ Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). •Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not APPENDIX A TRAN1476 Page 5 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. •Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. •As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. APPENDIX A TRAN1476 Page 6 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: •Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor’s work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract and will work proactively with the contractor and the public in resolving issues at the project level. •Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. APPENDIX A TRAN1476 Page 7 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $160.00 $216.00 FEE 1.1 Review PS&E and Prepare Files 8 40 0 0 $7,456.00 1.2 Prepare/Conduct Preconstruction Meeting 0800 $1,184.00 1.3 CM and Administrative Duties 40 48 0 0 $14,784.00 1.4 Perform Field Inspection / Documentation 0 0 320 120 $77,120.00 1.5 Complete Final Reports / Closeout Files 8 40 0 0 $7,456.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 56 136 320 120 0 $108,000.00 Total Hours: 632 $108,000.00 City of Carlsbad ESTIMATE OF FEES*See Note Kleinfelder Construction Services Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. 2018 Slurry Seal Project Notes: Estimate is based on 45 working days. The workweek runs from Monday through Saturday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Overtime hours at the overtime rate for the Senior Inspector are shown for work exceeding 40-hours per week. Project Manager Senior Inspector (Straight Time Non-PW) Senior Inspector (Overtime- PW) Senior Inspector (Straight Time PW) Kleinfelder Construction Services 1/8/2019 APPENDIX A TRAN1476 Page 8 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC STAFF RESUMES Tim Loveridge, QSP Civil Inspector Tim Loveridge has 32 years of industry experience with a strong background in the supervision of public works, roadway paving projects, and Caltrans freeway construction. He has provided construction inspection and administration services for numerous types of roadway projects, such as asphalt concrete (AC) and portland cement concrete (PCC) paving, overlays, chip seals, earthwork, grading, and traffic control. His construction background and knowledge of construction practices and procedures; knowledge of local, municipal, and Caltrans inspection and documentation procedures; along with his great attitude and flexibility; make him an excellent candidate for any assignment. County of San Diego On-call Construction Management Services, Countywide Slurry Seal B FY2017/18 (San Diego, CA) Mr. Loveridge served as Assistant Resident Engineer for the $6M County of San Diego Fiscal Year 2017/18 Countywide Slurry Seal B program. The project consisted of pavement seals including slurry seals, chip seals, scrub seals, pavement rehabilitation, traffic delineation, curb ramp retrofitting, minor concrete work, and traffic signal video detection system installation. Mr. Loveridge was responsible for quality assurance inspection of construction activities, performing quantity calculations, preparing quantity sheets, and documenting the work in daily diaries. Mr. Loveridge came onto the job mid-way through the project and inherited challenges involving stakeholders, which occurred during the first phase of the project. Mr. Loveridge addressed these challenges with professionalism and patience, and ultimately reached resolution for all parties. County of San Diego On-call Construction Management Services, Countywide Asphalt Concrete Overlay FY2016/17 (San Diego, CA) Mr. Loveridge served as Quality Assurance Inspector for this Pavement Overlay project valued at $1M. This project consisted of milling and paving of various streets throughout the City of Carlsbad. Although hired as an Inspector, Mr. Loveridge’s responsibilities included various Resident Engineer duties such as submittal review and approval, negotiating with the Contractor, coordination with stakeholders, scheduling third party firms such as the City’s material testing consultant, and daily coordination and communication with impacted local residents. In addition to these duties, he provided daily quality assurance inspection on items such as traffic control, asphalt milling, asphalt paving, and traffic striping. Mr. Loveridge provided daily reports for all of the work performed on this project. City of Carlsbad On-call Construction Management Services, 2013 Overlay Project (Carlsbad, CA) Mr. Loveridge served as Quality Assurance Inspector for this pavement overlay project valued at $1M. This project consisted of milling and paving of various streets throughout the City of Carlsbad. Although hired as an Inspector, Mr. Loveridge’s responsibilities included various Resident Engineer duties such as submittal review and approval, negotiating with the Contractor, coordination with stakeholders, scheduling third party firms such as the City’s material testing consultant, and daily coordination and communication with impacted local residents. In addition to these duties, he provided daily quality assurance inspection on items such as traffic control, asphalt milling, asphalt paving, and traffic striping. Mr. Loveridge provided daily reports for all of the work performed on this project. City of Carlsbad On-call Construction Management Services, McClellan-Palomar Airport Apron Repair (Carlsbad, CA) Mr. Loveridge served as Senior Construction Inspector for this City of Carlsbad McClellan-Palomar Airport Apron Repair project, which entailed the repair and replacement of subgrade and asphalt for the McClellan-Palomar Airport apron. In this role, he performed field inspection for all removals and re-compaction, subgrade preparation, subbase, base, and final paving operations. Mr. Loveridge’s responsibilities also included verifying improvements were constructed, and Education/Professional Registration Qualified SWPPP Practitioner in California, No. 26946 Certified Inspector of Sediment and Erosion Control, No. 2470 CAL/OSHA 10-hour Construction Safety and Health Training NASSCO Cured-in-Place Pipe Installation Certification San Diego MTS Roadway Safety Training Caltrans 8-hour SWPPP Training APPENDIX A TRAN1476 Page 9 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC STAFF RESUMES materials were supplied in accordance with the contract plans and specifications; preparing daily inspection reports; verifying the Contractor’s compliance with approved plans, specifications, accepted submittals, and associated permits; coordinating with City, Carlsbad Municipal Water District, and airport staff; and coordinating project close-out activities and documentation including punch lists, compaction reports, materials certifications, and contractor payments. City of Carlsbad On-call Construction Management Services, Barrio ADA Ramp Improvements Phase 2 (Carlsbad, CA) Mr. Loveridge served as Project Inspector for this ADA improvements project in Carlsbad, California. The project consisted of various improvements at numerous locations of curb ramps and sidewalks throughout the Barrio neighborhood of Carlsbad. Work on the project included removal and replacement of ADA curb ramps at 28 locations, installation of streetlights, removal of AC sidewalks and curbs, and installation of portland cement concrete (PCC) sidewalks, curb, and gutter. Mr. Loveridge provided field inspection in addition to performing Resident Engineer duties including submittal reviews, coordinating with third parties, negotiating with the Contractor, documenting project files and correspondence, and communication with local residents. City of Carlsbad On-call Construction Management Services, Trails Roadway Crossings (Carlsbad, CA) Mr. Loveridge served as a Project Inspector for two roadway crossing improvement projects in Carlsbad, California. The Calavera Hills Park Crossing location consisted of upgrades to the Victoria Avenue and Carlsbad Village Drive intersection including removal of AC pavement and base course, concrete curb, gutter, sidewalk, vegetation and debris; construction of new AC roadway, curb, gutter, sidewalks, and ADA ramps; replacement of valve box and utility pull boxes; and relocation of street lighting and associated electrical lines. The Old Rancho Santa Fe Road Crossing location consisted of upgrades to the Cadencia Street and Old Rancho Santa Fe Road intersection including removal of AC pavement and base course, concrete curb, gutter, sidewalk, dike, vegetation, and debris; the construction of new AC roadway, trail pavement, curb, gutter, sidewalks, ADA ramps, ditch, and modified curb outlet; replacement of water meter box; relocation of sign and trash; and installation of new signing and striping. Both locations required the installation of water pollution control measures including compost filter socks, fiber rolls, inlet protection, concrete washouts, and stabilized construction entrance. In addition to performing field inspection, Mr. Loveridge performed Resident Engineer duties including submittal reviews, coordination with third parties, negotiations with the Contractor, and communication with local residents. City of Carlsbad El Camino Real Widening (Carlsbad, CA) Mr. Loveridge served as a Project Inspector on this critical project to widen El Camino Real, a prime arterial roadway, in Carlsbad, California. In this role, Mr. Loveridge’s responsibilities included verifying and tracking of materials delivered/used, determining line and grade of all installed items, tracking of daily production quantities and labor hours, and verifying conformance to the contract. Additionally, he developed and maintained the monthly quantity sheets for payment and was responsible for QA oversight of SWPPP preparations and best management practices (BMPs) installation/maintenance, as well as observation and reporting of traffic/public interaction and use of the project corridor. Mr. Loveridge also assisted in the development of RFI responses and field implementation and tracking of all items related to contract change orders (CCO), and assisted with coordination of required biological, archaeological, and cultural monitoring. Carlsbad Municipal Water District Recycled Water Phase III Pipeline Expansion Segment 9 (Carlsbad, CA) Mr. Loveridge served as Senior Civil Inspector on the City of Carlsbad’s $1.15M Recycled Water Phase III Pipeline Expansion Segment 9. The project included the installation of approximately 3,170 linear feet of eight-inch diameter and 1,460 linear feet of six-inch diameter polyvinyl chloride (PVC) pipeline, as well as a recycled water fill station located on the north side of Ponto Drive, just east of the intersection with Ponto Road, that will have a connection point, with a cover, bollards, and fixtures. Recycled water conveyed through these pipelines will be for landscape irrigation and used by the City in maintenance vehicles such as vacuum trucks, street sweepers, and water trucks. Mr. Loveridge’s responsibilities included inspection of pipeline installation, grinding, paving, striping, and pressure testing; and administrative functions including submittal reviews and coordinating materials testing. APPENDIX A TRAN1476 Page 10 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC Mark Plotnikiewicz, PE, QSD Project Manager Mark Plotnikiewicz has 27 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Project Manager, Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register analysis. Mark’s experience includes serving as a Project Manager and Resident Engineer for several large on-call contracts for owner/agencies such as the City of Carlsbad, City and County of San Diego, NCTD, Caltrans, and SANDAG. City of Carlsbad As-needed Horizontal Construction Management and Inspection Services (Carlsbad, CA) Mr. Plotnikiewicz serves as a Project Manager and Resident Engineer for a variety of task orders for KLF-CS’ current as- needed construction management and inspection contract with the City of Carlsbad. These task orders have included the Sycamore Beach Access Stairway project, the 2017 Pavement Overlay project, the 2017 Bridge Preventative Maintenance Program, and the 2017 ADA Improvement Program. KLF-CS has been providing quality construction management and inspection through our current and previous on-call contracts for nearly two decades. Projects have included numerous annual slurry seal and overlay projects; major roadway, bridge, waterline, and sewer projects; as well as parks and recreation facilities, traffic signals, and pump stations. Mr. Plotnikiewicz’ responsibilities include quality control, staff management, technical oversight, submittal reviews, and task order management. City of Carlsbad/NCTD Poinsettia Lane Overhead (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer and Structure Representative on this approximately $1.5M project, which consisted of bridge widening to Poinsettia Lane over the San Diego Northern Railroad. The superstructure consisted of precast voided concrete slabs with an asphalt concrete (AC) overlay supported by pier walls on a driven pile foundation. Mr. Plotnikiewicz provided construction inspection, contract administration, shop drawings review, coordination with railroad operations and flagging, traffic control inspection, and pile driving. Additionally, he was responsible for the underground utility construction and roadway widening portions of the project. City of Carlsbad Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $2M federally-funded bridge replacement project. The project included removal and replacement of a 100-year-old bridge with a precast Conspan arch bridge approximately 38 feet long, 43 feet wide, and eight feet tall, supported on a reinforced concrete slab with six-foot-deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. His responsibilities included all aspects of construction management including inspection, SWPPP compliance, falsework review, submittal reviews, responding to RFIs, negotiating and writing change orders, preparing correspondence to the Contractor and others, completing contract item adjustments, preparing as-built drawings, and overall contract administration. Due to construction coinciding with San Diego’s rainy season, Mr. Plotnikiewicz worked with the Contractor to verify that all stream diversions and SWPPP Best Management Practices (BMPs) were installed per the contract documents and environmental permits. City of Carlsbad, Carlsbad Boulevard Bridge Seismic Retrofit (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $1M, federally-funded bridge retrofit project, which consisted of seismic retrofit upgrades to an existing three-span bridge including footing widening, pier wall construction, bolster retrofit, and slope regrading. The bridge crosses over the NCTD railroad, which required close coordination with the railroad operations. Temporary supports were constructed for a 12-inch-diameter, high-pressure gas main during excavation requiring review of the support drawings and close coordination with SoCal Gas. Mr. Plotnikiewicz’ Education/Professional Registration B.S., Civil Engineering Civil Engineer in California, No. 58608 Qualified SWPPP Developer, No. 20655 CAL/OSHA 10-Hour Construction Safety and Health Training FHWA NBIS Bridge Inspection Training – Team Leader APPENDIX A TRAN1476 Page 11 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC responsibilities included all aspects of construction management including inspection, SWPPP compliance, submittal reviews, excavation plan review, responding to RFIs, preparing correspondence to the Contractor and others, negotiating and writing change orders, preparing Caltrans Local Assistance invoices for Federal reimbursement, drafting as-built drawings, and overall contract administration. City of Carlsbad Rancho Santa Fe Road Realignment Project, Phase II (Carlsbad, CA) Mr. Plotnikiewicz served as the Resident Engineer on this $13M, federally-funded roadway realignment project from Melrose Drive to La Costa Avenue in Carlsbad, California. The project included staged construction of a new, realigned six-lane roadway, construction of domestic and reclaimed water lines, sewer and storm drain systems, major dry utility relocations and undergrounding, and bridge replacement and realignment of an existing intersection. Additional project elements included staged replacement of an existing bridge over San Marcos Creek with two new cast-in-place, post- tensioned concrete box girder bridges. High skews, large utility blockouts, and a radius made the bridge construction challenging. Mr. Plotnikiewicz’ responsibilities included all aspects of construction management including inspection, SWPPP compliance, filing in accordance with Caltrans filing system, reviewing submittals, responding to RFIs, preparing letters to the Contractor, negotiating and preparing change orders, and overall contract administration. Mr. Plotnikiewicz worked closely with the Contractor to ensure the falsework was constructed in the creek to withstand the high flows that ensued during one of San Diego’s heavier rainy seasons. Due to the project’s proximity between two ongoing construction sites, Mr. Plotnikiewicz attended regular meetings with the adjacent Contractors and agencies to coordinate traffic shifts and traffic control. NCTD As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz serves as the Project Manager for KLF-CS’ on-call contract with NCTD. KLF-CS’ scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SANDAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz implements and executes our quality control procedures, ensures team members are adequately equipped and trained to perform their job functions, and monitors our performance on a frequent basis with NCTD. He also provides contract administration and construction engineering as needed. Caltrans District 11 On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor’s baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedules used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedules and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Senior with responses to bidder’s inquiries. SANDAG On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Kleinfelder Construction Services’ Lead Schedule Engineer for this on-call contract, participating in numerous task orders including Oceanside Transit Center, Superloop Phase 3, Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and South Bay Bus Rapid Transit Phases 1A, 1B and 2A/2B, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and TIAs. He prepares independent TIAs based on the project records to verify if the Contractor-prepared TIAs are valid and creates “what-if” schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. APPENDIX A TRAN1476 Page 12 of 12 DocuSign Envelope ID: 75583E39-FB0E-4AB4-8557-550BB99485CC TRAN1476 City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 12 PROJECT NO. 6066-17 This Twelfth Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kleinfelder Construction Services, Inc. ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the 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 27, 2018, (“proposal”), attached as Appendix "A" for the BRIDGE PREVENTATIVE MAINTENANCE PROGRAM 2017, (the “Project"). The Project services shall include construction management, contract administration, inspection, project close out and all remaining contract work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 10 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 35 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 Director or City 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 a time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $17,760. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F October 9, 2018 TRAN1476 City Attorney Approved Version 7/19/17 2 needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT BRIDGE PREVENTATIVE MAINTENANCE PROGRAM 2017 TASK GROUP Rate Hours TIME & MATERIALS Senior Inspector $148 120 $17,760 TOTAL (Not-to-Exceed) $17,760 CONTRACTOR Kleinfelder Construction Services, Inc. Kleinfelder Construction Services, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) George Pierson, President Deborah Butera, Secretary (print name/title) (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F October 9, 2018 August 27, 2018 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager SUBJECT: Bridge Preventative Maintenance Program 2017 (Project No. 6066-17) – Construction Management and Inspection Services – Extra Work and Closeout Dear Mr. Didier: Kleinfelder Construction Services (KCS) is pleased to submit a scope of work and fee proposal to provide construction management and inspection services for the Bridge Preventative Maintenance Program 2017 Project No. 6066-17. We are proposing the following personnel to manage the project: •Shawn Stewart - Civil Inspector Mr. Stewart has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has currently working as the Civil Inspector on the 2017 Pavement Overlay project with the City of Carlsbad. His roles will include inspection of the work, daily documentation, and document filing. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 120 hours for the extra work and closeout. We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, Hank Gentile, P.E. Kleinfelder Construction Services Attachment Appendix "A" DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Bridge Preventative Maintenance Program 2017 - Project No. 6066-17 CLIENT: City of Carlsbad DATE: August 27, 2018 PROJECT DESCRIPTION This project is the first of a series of projects included in the City of Carlsbad’s Bridge Preventative Maintenance Program. The project includes work on two bridges: Poinsettia Lane OH (Bridge No. 57C-0598) and Calle Barcelona POC (57C-0766). The work on Poinsettia Lane OH (Bridge No. 57C-0598) includes: o Remove existing concrete barrier, chain link fence, and a portion of the concrete bridge deck o Construct concrete barrier, chain link railing, concrete expansion dams, and joint seals o Repair spalled concrete on the existing barrier rail and concrete expansion dams o Repair the existing masonry block wall o Repair the cracked slope paving with epoxy crack injection o K-rail placement and traffic control Portions of the work are within NCTD right-of-way. NCTD railroad worker safety training and an NCTD right-of-entry permit will be required prior to beginning work. Additionally, coordination with NCTD for railroad flagging and railroad work windows will be required. The work on Calle Barcelona POC (Bridge No. 57C-0766) includes: o Replace spalled concrete pilaster cap o Repair stone veneer o Clean bridge deck and place methacrylate treatment o Remove and replace joint seals o Install helical anchors to lift tilted pilasters CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, railroad coordination, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F Inspection staff, Traffic Department personnel, the General Contractor, NCTD, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City’s Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS’ Project Inspector will receive, log, review, and respond to project submittals, as well as coordinate with the City and Project Designer if necessary. The Project Designer will provide reviews for any structural submittals. Critical submittals include baseline schedule, traffic control plans, NCTD right-of-entry permit, railroad protection platform, helical anchor/pile, air emissions monitoring plan, and concrete mix designs. • Baseline Schedule: KCS’ Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS’ Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad’s CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to “remain in place,” or any facility the contractor is obligated to “protect in place.” During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final “As-Built Plans” upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor’s certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. All field personnel will have competed the NCTD Roadway Worker Safety Training for work on NCTD right-of-way. The following highlights a few key components of this work: • Inspection: KCS will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will ensure that the Contractor’s work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KCS will coordinate with the City’s on-call/as-needed testing firm to meet the Project’s testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS’ Project Inspector will assist the City’s Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F ESTIMATE OF FEES*See Note City of Carlsbad CLASSIFICATION TASK: Inspection Services RATE: $192.00 $148.00 $178.00 FEE 1.1 Review PS&E and Prepare Files 0 0 0 $0.00 1.2 Prepare/Conduct Preconstruction Meeting 0 0 0 $0.00 1.3 CM and Administrative Duties 0 0 0 $0.00 1.4 Perform Field Inspection / Documentation 0 80 0 $11,840.00 1.5 Complete Final Reports / Closeout Files 0 40 0 $5,920.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS: CM & Inspection Services 0 120 0 0 0 $17,760.00 Total Hours: 120 $17,760.00 Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Bridge Preventative Maintenance Program 2017 - Project No. 6066-17 - Extra Work and Closeout Notes: Estimate is based on 120 hours to complete the project. The workweek runs from Monday through, and including, Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Project Manager Senior Inspector (Straight Time) Senior Inspector (Overtime) Kleinfelder Construction Services Kleinfelder Construction Services 8/27/2018 DocuSign Envelope ID: 2233A419-F332-4E05-93A6-A16C2B66997F 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. DocuSign Envelope ID: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 11 PROJECT NO. 6049-17 TRAN1476 This Eleventh Project Task Description and Fee Allotment, is entered into on July 26, 2018 , pursuant to an Agreement between Kleinfelder Construction Services, Inc., a California corporation ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 2, 2018, ("proposal"), attached as Appendix "A" for the ADA IMPROVEMENT PROGRAM, (the "Project"). The Project services shall include construction management, contract administration, inspection, project close out and all remaining contract work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 1 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 30 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 Director or City 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 a time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,360. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker City Attorney Approved Version 7/19/17 DocuSign Envelope ID: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 TRAN1476 needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TASK GROUP Senior Inspector TOTAL (Not-to-Exceed) TABLE 1 FEE ALLOTMENT ADA IMPROVEMENT PROGRAM Rate Hours $148 70 TIME & MATERIALS $10,360 $10,360 CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) By: (sign here) Marc McIntyre, Vice President (print name/title) KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation By: (name of Contractor) (sign here) Deborah Butera, Secretary (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Date: ___ 7_f_26_f_2_0_1s ____ _ Elaine Lukey, Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ___ ~ __ S_~_~l(._J __ _ Deputy City Attorney City Attorney Approved Version 7 /19/17 2 DocuSign Envelope ID: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 CNFELDER ~· CONSTRUCT/ON SERVICES July 2, 2018 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Steve Didier Municipal Projects Manager APPENDIX A SUBJECT: ADA Improvement Program (Project No. 6049-17) -Construction Management and Inspection Services -CCO and Closeout Dear Mr. Didier: TRAN1476 Kleinfelder Construction Services (KCS) is pleased to submit a scope of work and fee proposal to provide construction management and inspection services for the ADA Improvement Program Project No. 6049-17. We are proposing the following personnel to manage the project: • Shawn Stewart -Civil Inspector Mr. Stewart has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has currently working as the Civil Inspector on the 2017 Pavement Overlay project with the City of Carlsbad. His roles will include inspection of the work, daily documentation, and document filing. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 70 hours for the CCO work and closeout. We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, ~)Yl~ Hank Gentile, P.E. Kleinfelder Construction Services Attachment 3 DocuSign Envelope ID: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 (" " , KLEINFELDER ~ CONSTRUCTION SERVICES KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: CLIENT: DATE: ADA Improvement Program -Project No. 6049-17 City of Carlsbad July 2, 2018 PROJECT DESCRIPTION TRAN1476 This project is the first of a series of projects included in the City of Carlsbad's ADA Improvement Program. The project includes two separate plan sets: Drawing No. 506-3 with 22 sheets and Drawing No. 506-4 with 10 sheets. A total of 149 curb ramps will be improved in this project. The curb ramps will be constructed per the San Diego Regional Standard Drawings, City of Carlsbad Standard Drawings, Caltrans Standard Drawings, or the contract plans. Work includes: o Demolish existing sidewalk, curb ramps, cross gutters, spandrels, and paving o Construct new curb ramps, curbs, sidewalks, cross gutters, spandrels, AC paving, and Class 2 aggregate base o Install truncated domes o Reconstruct existing catch basin o Extend existing underdrain o Relocate signs o Remove and replace pedestrian barricades o Remove and salvage existing bollards o Replace existing traffic signal pull boxes o Modify existing irrigation systems o Adjust push buttons per ADA and MUTCD requirements o Traffic control and stage construction o Striping, pavement markings, and continental crosswalks o Stormwater BMPs This work will require public notifications for parking restrictions on multiple streets. We will work with the contractor to ensure the notices are distributed as specified in the special provisions. CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting 4 DocuSign En~: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 (KLEINFELDER ~· CONSTRUCTION SERVICES TRAN1476 KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS' Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include baseline schedule, traffic control plans, and concrete mix designs. • Baseline Schedule: KCS' Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS' Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend 5 DocuSign En~: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 {KLEINFELDER ~· CONSTRUCT/ON SERVICES TRAN1476 against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final "As-Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: • Inspection: KCS will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will ensure that the Contractor's work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KCS will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS' Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. 6 DocuSign Envelope ID: CCEA4FDF-BBF8-459F-A359-50E4775A96E1 Appendix A ESTIMATE OF FEEs·see Note City of Carlsbad ADA Improvement Program -Project No. 6049-17 -Additional Hours for CCO and Closeout Kleinfelder Construction Services CLASSIFICATION Senior I Inspector Senior Project (Straight Inspector ! Manager Time) (Overtime) TASK: Inspection Services I RATE: $192.00 $148.00 $178.00 i I I 1.1 Review PS&E and Prepare Files 0 0 0 i 1.2 Prepare/Conduct Preconstruction Meeting 0 0 0 1.3 CM and Administrative Duties 0 0 0 I 1.4 Perform Field Inspection/ Documentation 0 60 0 I 1.5 Complete Final Reports/ Closeout Files 0 10 0 I I TOTALS: TRAN1476 FEE $0.00 $0.00 $0.00 $8.880.00 $1,480.00 I I lion Services I 0 70 0 0 I 0 II $10,360.001 Total Hours: 70 I $10,360.001 Notes: Estimate is based on 70 additional hours to complete the project. The workweek runs from Monday through Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Kleinfelder Construction Services 7/2/2018 7 TRAN1476 AMENDMENT NO. 3 TO EXTEND AND AMEND THE AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER CONSTRUCTION SERVICES, INC. This Amendment No. 3 is entered into and effective as of the :30th day of ,::S:1..~ , 2018, extending the agreement dated September 29, 2016 (the "Agreerrtef) by and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder Construction Services, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. On September 13, 2017, the Parties executed Amendment No. 2 to extend and fund the Agreement for a period of one (1) year; and C. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN1476 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC. a California c CITY OF CARLSBAD, a municipal corporation of the State of California By: sign er ) 'f,J.!-,.ev· ~M½TYS V;~ 1?765/Pc::NT' (print name title) ATTEST: S;RJ_ um]GUA 121/LJi/~,&J C"\ \sign here) , U _ t:~ Barbara Engleson, City Clerk "\~ ~iocN~._ ' ~~·i. ~c.J"-7 , (print name/title) r If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~(/__~~'""-"""~'"""""'-~-=-----=--"'""~--Deputy City Attorney City Attorney Approved Version 1 /30/13 2 CERTIFICATE OF CORPORATE SECRETARY I hereby ce11ify that I am the duly elected and acting Secretary of Kleinfelder, Inc. (the "Corporation"), a California corporation duly organized, validly existing and in good standing, and that the following is a true, accurate transcript of a resolution duly, validly and lawfolly adopted on March 24, 2017 by the Board of Directors of said corporation acting in accordance with the laws of the state of incorporation. I RESOLVED, that the Board grants Marc McIntyre, Arca Manager, full rights of the Corporation to execute on behalf of the Corporation, and otherwise bind the Corporation, to all contract and proposal documents related to any contract entered into with the City of Carlsbad; and RESOLVED fm1her, that any and all transactions by and of the officers or representatives of the Corporation, in its name and for its account, with the City of Carlsbad prior to the adoption of these resolutions be, and hereby are, ratified and approved for all purposes. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this 26th day of July, 2018. Deborah Butera Secretary DIRECTORS: Robert Alger Derek Fis her Rodger Johnson, Chairman Alan Krause John Murphy George Pierson Kerry Ruebelrnann Nancy Shanik Robert Templeton Simon Wong OFFICERS: CORPORATE STRUCTURE Effective date: 6-12-18 THE KLEINFELDER GROUP, INC. A California Corporation Date of Incorporation: April 1, 1985 FEIN: 68-0053138 George Pierson (President/CEO) John Murphy (CFO/ Assistant Secretary) Deborah Butera (General Counsel/Secretary) 1 DIRECTORS: George Pierson Deborah Butera John Murphy OFFICERS: KLEINFELDER, INC. (formerly Kleinfelder West, Inc.) A California Corporation Date of Incorporation: April 20, 1962 FEIN: 94-1532513 George Pierson (President/CEO) John Murphy (CFO/Assistant Secretary) Deborah Butera (Secretary) Ilatl Brockman (Assistant Secretary) KLEINFELDER ARCHITECTURE NORTHEAST, INC. DIRECTORS: Robert Brandon, AIA Deborah Butera Jonathan Parker, AIA OFFICERS: Robert Brandon (President) Deborah Butera (Secretary) A Connecticut Corporation Date of Incorporation: July 6, 2004 Jonathan Parker (Assistant Secretary) 2 .. . ,l KLEINFELDER ENGINEERING AND GEOLOGY, P.C. A New York Professional Corporation Date of Incorporation: May 10, 2006 FEIN: 03-0599937 DIRECTORS: Daniel Harpstead Justin Moses OFFICERS: Daniel Harpstead (President, Treasurer) Justin Moses (Vice President, Secretary) Dan Canavan (Vice President) KLEINFELDER NORTHEAST, INC. A Massachusetts Corporation Date oflncorporation: December 29, 1961 FEIN: 04-2297226 DIRECTORS: Joseph Cormier Michael Epp Rita F ordiani OFFICERS: Joseph Cormier (President) John Murphy (Treasurer) Deborah Butera (Secretary) Mary Loden (Assistant Secretary) Michael Epp (Assistant Secretary) Dan Brockman (Assistant Secretary) 3 KLEINFELDER SOUTHEAST, INC. A North Carolina Corporation Date oflncorporation: June 7, 1983 FEIN: 56-1370993 DIRECTORS: George Pierson Deborah Butera Richard Wells OFFICERS: George Pierson (President/CEO) John Murphy (CFO/ Assistant Secretary) Richard Wells (Assistant Secretary) Deborah Butera (Secretary) Dan Brockman (Assistant Secretary) KLEINFELDER CONSTRUCTION SERVICES, INC. A California Corporation Date of Incorporation: January 1, 1995 FEIN: 33-064221 DIRECTORS: George Pierson Deborah Butera John Murphy OFFICERS: George Pierson (President/CEO) John Murphy (CFO/ Assistant Secretary) Deborah Butera (Secretary) Dan Brockman (Assistant Secretary) 4 . -" DIRECTORS: George Pierson John Murphy Deborah Butera OFFICERS: KLEINFELDER INTERNATIONAL, INC. A California Corporation Date of Incorporation: August 26, 2010 FEIN: 27-3511892 George Pierson (President/CEO) John Murphy (CFO/Assistant Secretary) Deborah Butera (Secretary) Dan Brockman (Assistant Secretary) KLEINFELDER AUSTRALIA PTY, LTD Date of Incorporation: August 31, 2010 ACN: 146082500 DIRECTORS: George Pierson John Murphy Deborah Butera Robert Templeton Garry Coster Jim Niko lareas OFFICERS: Garry Coster (Secretary) Matthew Taylor (Secretary) 5 KLEINFELDER CANADA, INC. A British Columbia Corporation Date of Amalgamation: October 1, 2014 BClO DIRECTORS: George Pierson John Murphy Deborah Butera OFFICERS: George Pierson (President/CEO) John Murphy (CFO/ Assistant Secretary) Robert Templeton (Vice President) Deborah Butera (Secretary) Dan Brockman (Assistant Secretary) 6 ____, I DATE(MM/DD/YYYY) AC::C:,R D .. CERTIFICATE OF LIABIL'ITY INSURANCE 03/2912018 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRE:SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL 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(SJ AFFORDING COVERAGE NAIC# INSURED INSURER A: The continental Insurance company 35289 The Kleinfelder Group, Inc INSURER 8: 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 INSURERD: 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 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 ·rrR' TYPE OF INSURANCE AUU• 1ouan POLICY NUMBER ,iiiMio'iilvWvi ,MM/0'"~, LIMITS INSD WVD B X COMMERCIAL GENERAL LIABILITY bU){).l)IS)j U4/V.L/ £V.LC V't/Ul/lUl!J EACH OCCURRENCE $1,000,000 -:J CLAIMS-MADE 0occuR u1<iw.1>E Tu "~' 1 tcu Sl,000,000 PREMISES /Ea occurrencel -MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0PRO-0Loc S2,000,000 POLICY X JECT PRODUCTS· COMP/OPAGG OTHER: A AUTOMOBILE LIABILITY 6057515836 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ -BODILY INJURY ( Per person) X ANYAUTO -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY AUTOS c--NON-OWNED PROPERTY OAMAGE HIRED AUTOS /Per accident\ -ONLY -AUTOS ONLY A X UMBRELLA LIAB H OCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 f.--AGGREGATE $2,000,000 EXCESS LIAB CLAIMS-MADE OED I X I RETENTION uo, 000 C WORKERS COMPENSATION AND WC6057169108 04/01/2018 04/01/2019 XI PER I jOTH-EMPLOYERS' LIABILITY Y/N (CA) STATUTE ER C ANY 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) (ACS) E.L. DISEASE-EA EMPLOYEE $1,000,000 ~irc~f'i;'fr'6~ g'/~PERATIONS 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 l!IS & condi ions DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is 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/CMWD is included as Additiona Insured in accordance with the policy provisions of the General Liabilit~ 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 polic~ 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. 0. 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 0 z .l!! Ill tJ ~ t: GI 0 AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance Services west, Inc. The Kleinfelder POLICY NUMBER see certificate Number: 570070644307 CARRIER I NAICCODE see certific<l,te f:lumber: 570070644307 EFFECTIVE DA TE: ADDITIONAL REMARKS . THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED SCHEDULE The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder west, Inc. Kleinfelder central, Inc. Geosystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder southeast, Inc. s EA consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting services, Inc. Buys and Ass9ciates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan consulting, Inc. Simon Wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. Red Dog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. 927278 Alberta Ltd. 43-7.39-Alberta Ltd o/a Hood Engineering 94 3 7 4 3-xl b-erta--Ltcj..,__ 950347 Alberta Ltd. oJa-ttood ech 1833383 Alberta Ltd. Kleinfelder construction services, Inc. wells Environmental services, Pty Ltd. Alliance Environmental Engineering & consulting Insite Environmental, Inc. EcoBiological Pty Ltd. Littoria Pty Ltd. Lerista Pty Ltd. Kowalski Engineering, Inc. :.-- I Group, Inc . . ~: :· .: : : . : Page_ of_ ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---------------- C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization 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 _ ·, 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. CNA74858.XX (1-15) Page 2 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to 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 struct1.,1ral 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 [e~s liability for bod,ily injury, property damage or personal and advertising injury arising out of the · 0·" ·•Named-fnsured's-owr:1ecship;'n,airitenance~·or use of a preriiises'·by a1Nanied·ln~ured.·' ---.. -. · · The c~verage g~anted by ~doesricn-apply-t~lterations, new construction or demolition operations performed by, on behalf of, or for such add1t1onal msured.~~------------ H. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: · · a. the existence, maintenance, repair, construction, erection, or removai of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways,. manholes, marquees, . hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA74858XX (1-15) Page 3 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP I 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 ~_levators; or c. theownership, maintenanc~ or use ofany~elevators coile'red.bythis insurance; or 2. the permitted or authorized operations performed _by a Named Insured or.on a _Named lnsured's behalf. The coverage granted by this paragraph does not ·apply to: a. 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 · -.. -··r,fanied ins,.ured tci"add tfieiijovernme'nfaTentityas .. ari·a&Htfohafir\sured .......... --·" ... ' .. -... . . · .. , ·-· I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions;' or · b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. - . .. . . . " .· 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED • PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 oHhis-Provision-2;; the-additional-insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything t_o 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 jointventure, then its partners, members ~nd thei~ spouses are Insureds; c. A limited liability company, then· its members and managers are·lnsureds; 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 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._bjgher limit of insurance than required by the written contract. Ill. The insu~this-enciorsernent 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, engtne-ering,or-s~ing services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work _for which the additional ir1sured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .• with Its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which 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, it 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 endorsementuntil 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, CNA75O79XX (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 I • • !' -• :0, -~. , .-.s4.~i~i: wA~vE , ;:'. ~· .~ ~ "II,_ .,,. ~-------~----~-------------------------------------------=== 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.~l)-~~t~~v~!-ofsu1ii§_g~tlc_>!1 Paj"£~.~!~_ge:'gharge 2%. All other terms and conditions of the policy remain unchanged. ,-------·-------·-- /This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, 1takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another rffective 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: WCGOS7@ios.-·, __ _ Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:; ____ ~; Endorsement No:L_ . Underwriting Company; :America.ri' Casualty Company of Reading, PA 04/01/2018 © Copyright CNA Ail Rights Reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 10 PROJECT NO. 6001 TRAN1476 This tenth P?:\e,c;t Task ~scription and Fee Allotment, is entered into on ,~A.\V\ \ t"'-a,D\ "'-b , pursuant to an Agreement between KLEINFLDE'R. CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS 2. Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated April 13, 2018, ("proposal"), attached as Appendix "A" for the 2018 Pavement Overlay Project, (the "Project"). The Project services shall include Construction Management and Inspection services for the 2018 Pavement Overlay Project. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) 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). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $102,320 . City Attorney Approved Version 7 /19/17 TRAN1476 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7 /19/17 2 TRAN1476 TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2018 PAVEMENT OVERLAY PROJECT TASK GROUP TIME & MATERIALS Construction Manaqement & Inspection Services $102,320 TOT AL (Not-to-Exceed) CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation , (name of Contrac~ B~2 (sign here) • ¥1 tt(C A~ ~Jdl\t{(P. ~I£{, "(rL01cleaf- (print na~e/title) $102,320 KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (sign here) ~LrLI~ (print namti 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. Date: I {11 f 1 6 --~-------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_rd,.~.~~~ Deputy City Attorney City Attorney Approved Version 7 /19/17 3 Ce,NFELDER ~ CONSTRUCT/ON SERVICES April 13, 2018 City of Carlsbad Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Valerie Airey, LEED AP Municipal Projects Manager Appendix "A" TRAN1476 SUBJECT: 2018 Pavement Overlay Project -Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the 2018 Pavement Overlay project. We are proposing the following personnel to manage the project: • Mark Plotnikiewicz -Project Manager/Schedule Reviews • Shawn Stewart -Civil Inspector Mr. Plotnikiewicz has 27 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City's processes. Mr. Stewart has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector for the project. He has recently completed or is currently working on several projects for the City of Carlsbad including the 2017 Pavement Overlay Project (Project No. 6001-17OL), the ADA Improvement Program (Project No. 6049-17), and the Bridge Preventative Maintenance Program 2017 (Project No. 6066-17). His roles will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Stewart are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 50 working days. We have assumed Monday through Saturday will be considered the working days on the Project, based on the information from the previous 2017 Pavement Overlay project. ~NFELDER ~ CONSTRUCTION SERVICES Appendix "A" TRAN1476 We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, ~}iL~ Hank Gentile, P.E. Kleinfelder Construction Services Attachment c,NFELDER ~ CONSTRUCTION SERVICES KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: CLIENT: DATE: 2018 Pavement Overlay Project City of Carlsbad April 13, 2018 PROJECT DESCRIPTION Appendix "A" TRAN1476 The project consists cold milling and overlaying portions of La Costa Avenue, Navarra Drive, Pirineos Way, Nueva Castilla Way, and Viejo Castilla Way in the City of Carlsbad. The contract work includes the following: • Public notification • HMA mix design • Traffic control • Cold mill and overlay -2.0"/2.5" • Raise utilities to grade • Traffic signal video detection • Traffic loops • Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, work schedule, traffic control, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City's Construction Manager in providing construction management and administration necessary for the Project to verify contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS' Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, baseline schedule, traffic control plans, and asphalt concrete mix designs (HMA job mix formulas). • Baseline Schedule: KCS' Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not ~NFELDER ~ CONSTRUCTION SERVICES Appendix "A" TRAN1476 approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS' Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final "As-Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. ~NFELDER ~ CONSTRUCTION SERVICES Task 1.4 Perform Field Inspection and Documentation Appendix "A" TRAN1476 KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: • Inspection: KCS will monitor construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will verify that the Contractor's work crew is consistently operating in accordance with the governing safety practices and confirm that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main point of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will proactively verify that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. • Materials Sampling and Testing: KCS will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to verify no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS' Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. ESTIMATE OF FEES*SeeNote City of Carlsbad 2018 Pavement Overlay Project KleinfelderlSimon Wong Engineering CLASS/FICA TION Senior Inspector Senior Project (Straight Inspector Manager Time) (Overtime) TASK: Inspection Services I RATE: $192.00 $148.00 $178.00 1.1 Review PS&E and Prepare Files 8 16 0 1.2 Prepare/Conduct Preconstruction Meeting 0 8 0 1.3 CM and Administrative Duties 48 80 0 1.4 Perform Field Inspection / Documentation 0 320 120 1.5 Complete Final Reports/ Closeout Files 8 40 0 ITOTALS: I Appendix "A" TRAN1476 FEE $3,904.00 $1,184.00 $21,056.00 $68,720.00 $7,456.00 I I lcM & Inspection Services II 64 I 464 I 120 I 0 I 0 II $102,320.ool Total Hours: 648 I $102,320.ool Notes: Estimate is based on 50 working days. The workweek runs from Monday through, and including, Saturday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Overtime hours at the overtime rate for the Senior Inspector are shown for work exceeding 40-hours per week. Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. KleinfelderJSimon Wong Engineering 4/13/2018 ~ I DATE(MM/DD/YYYY) ACC::,RC:,9 CERTIFICATE OF LIABILITY INSURANCE ~ 03/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRl;:SENTATIVE 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 rM. 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 NAICI# INSURED JNS\JRERA: The continental Insurance company 35289 The Kleinfelder Group, Inc INSURER B: National Fire Ins. co. of Hartford 20478 550 West c street, suite 1200 INSURER C: American casualty co. of Reading PA 20427 San Diego CA 92101-3532 USA INSURERD: Lloyd's syndicate No. 2001 AA112800l 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 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 °L-rR TYPE OF INSURANCE 'i'~tJ W:!J POLICY NUMBER l~~g~ 1r11wiloivm1 LIMITS e X COMMERCIAL GENERAL LIABILITY t>U)i51585j uq/U.l/20U 104/Ul/ tU.l!:1 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE 0occuR DAIW\GI: I u """ , ",.., $1,000,000 -PREMISES !Ea occurrence\ MED EXP (Any one person) $15,000 -PERSONAL & ADV INJURY $1,000,000 -$2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE R POLICY 0 j:~ 0 LOC PRODUCTS -COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6057515836 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $1,000,000 tEa accident\ ,__ BODILY INJURY ( Per pen,on) X ANYAUTO ~ OWNED -SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS ,__ -NON-OWNED PROPERTY DAMAGE HIRED AUTOS /Per accident) -ONLY -AUTOS ONLY A X UMBRELLA LIAB ~ OCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 -AGGREGATE $2,000,000 EXCESS LJAB CLAIMS-MADE OED I X !RETENTION $10, 000 C WORKERS COMPENSATION AND WC6057169108 04/01/2018 04/01/2019 XI ~~fT\JTE I [OTH-EMPLOYERS' LIABILITY Y/N (CA) ER C i'Nf 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 ~i;~~l'il'iJi~ ~FdgPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 D Env CPL/Prof PSDEF1800647 04/01/2018 04/01/2019 Each cl aim $2,000,000 claims-Made Policy Aggregate $2,000,000 SIR applies per policy ter ~s & condi ions 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 includin¥ but not limited to Job No. 20161803, El Camino Real Bridge Widening. The city of carlsbad/CMWD is included as Additiona Insured in accordance with the policy provisions of the General Liabilit1 policy. The General Liability evidenced herein is Primary and Non-contributory to other insurance available to an Additiona Insured1 but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of the certificate Holder ,n accordance with the polic1 provisions of the Workers compensation policy. See Attached for Notice of cancellation Provisions. see Attached for compete List of Named Insureds. CERTIFICATE HOLDER city of carlsbad/CMWD c/o EXIGIS Insurance compliance services P. 0, 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 l IL ID <( .. QI ~ C: ~ .. QI "C 0 :c / AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance services west, Inc. The. Kleinfelder POLICY NUMBER see certificate Number: 570070644307 CARRIER I NAICCODE see certifiqte ~umber: 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 C6rporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder west, Inc. Kleinfelder central, Inc. Geosystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder southeast, Inc. s EA consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting services, Inc. Buys and Ass9ciates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan consulting, Inc. simon Wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. Red Dog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. 927278 Alberta Ltd. 43.7-39-Alberta Ltd o/a Hood Engineering 9437437i:ll:fe~a-Ltcj_,__ 950347 Alberta Ltd. o7a-ttood ech 1833383 Alberta Ltd. Kleinfelder construction se·rvices, Inc. wells Environmental services, Pty Ltd. Alliance Environmental Engineering & consulting Insite Environmental, Inc. EcoBiological Pty Ltd. Littoria Pty Ltd. Lerista Pty Ltd. Kowalski Engineering, Inc. ;_ .... ,;, ... · \ .. ,. ' I Group, Inc Page_ of_ ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED. is amended to include as an Insured any person or organization de·scribed in paragraphs A. through I. below whom a Named Insured _is required to add as an additiona·1 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 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 struct1,1ral alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or --------re~s liability for bod,ily injury, property damage or personal and advertising injury arising out of the -,." ··-Narfred·ffisbred!s-owner.~;'mairitenance~·or use of a preniises'·by a1 Named· ln~ured.·' --· ·· -· · · · · · The coverage granted by ~-apply-t~lterations, new construction or demolition operations performed by, on behalf of, or for such additional insure-d.-----------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, co.nstruction, erection, or removai of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA74858XX (1-15) Page 3 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. the construction, erection, or removal of 13_levators; or. c. the ownership, maintenance 0~ use of ~ny_,elevators'coile'red.bythis insurance; or 2. the permitted or authorized operations performed by a Named Insured Qr.on a Named lnsured'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 . _ .. ___ c9rn~!3Ct g~-~~.i:.e.erry~_r:it., t~~.}l),S~r~n\'.i_l! E:~~t -~-~,-~ '."'.ri~-~!'! .• 9~~t~~~!.3=1P¥, g~Y!:T~~~t~_I_.P,e~_it that_r,e._quires the Named Insured to' add the governmental entity as an additional insured. · I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: · a. the Named lnsured's acts or omissions;' or · .. b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. . . . . . . . . . .. ... 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED • PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 insurE;!d's own insurance, then this insurance is primary, and the Insurer will not seek contribution from-that ·other ·insurance. For the· purpose oHhis-Provision-2;; the-additional-insared'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: theri hi~ ci~·her·spouse is ari iri~~red; b. A.partnership or jointventure, then its partners, members ~nd thei~ spous~s ar~ Insureds; c. A limited liability company, then·its members and managers are·Insureds; 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 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.--abjgher limit of insurance than required by the written contract. Ill. The insu~this--enciorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising ~irrg-out-o~ A. the rendering of, or the failure to render, any professional architectural, engme-ering,m_sun@Ying 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 il'}sured 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 thE:! 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 endorsementuntil the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. . ·-. . .... Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA WORKERS COMPENSATION ii I • v ~ ... .,-• ~, '... L-l~ ·;-~~.~~-~ ~~(YE 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 ~I.~n.k~tefafv~-of iiJ:j_ili_g~t!<?!'...Eaj'.£~,ri!~.g~harge 2%. All other terms and conditions of the policy remain unchanged. r---------------------------------------------------------, iThis endorsement, wh_ich 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. ______ _j Form No: G-19160-B (11-1997) Policy No: WC6057@°i'DB_--___ _ Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: ; ____ ~: Endorsement No:L___ -· __ Underwriting Company: :American' Casualty Company of Reading, PA 04/01/2018 © Copyright CNA All Rights Reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 9 PROJECT NO. 3896 TRAN1476 This ninth Project Task Description and Fee Allotment, is entered into on Ht'A::::\ \{3 1 2018 , pursuant to an Agreement between KLEINFE~DER CONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 7, 2018, ("proposal"), attached as Appendix "A" for the Beach Access Stairway Repair At Sycamore Ave., (the "Project"). The Project services shall include Construction Management and Inspection services for the Beach Access Stairway Repair at Sycamore Avenue Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within twenty (20) 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 Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,075. City Attorney Approved Version 7 /19/17 TRAN1476 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7/19/17 2 TRAN1476 TABLE 1 FEE ALLOTMENT INSPECTION SERVICES FOR THE BEACH ACCESS STAIRWAY REPAIR AT SYCAMORE AVENUE PROJECT TASK GROUP TIME & MATERIALS 1. Inspection Services -(65 Hrs. at $155.00 per Hr.) $10,075 TOT AL (Not-to-Exceed) CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contrac r) ~ /\-7ti--/47YLZG-VJ> (print name/title) ' $10,075 KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of Contractor) By:~~ (sigl}-he]e) /)e,,kv/<A /7~nt_, SR.~/~ (print name/title) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --D--~-pu_t_y_C-it_y_A-tt-or_n_e_y ___ _ City Attorney Approved Version 7 /19/17 3 APPENDIX A ESTIMATE OF ADDITIONAL FEES*See Note City of Carlsbad Beach Access Stairway Repairs at Sycamore Avenue (Contract No. 3896) Kleinfelder Construction Services CLASS/FICA TION Senior Senior Project Inspector Inspector Manager (Non-PW) (PW) TASK: Inspection Services I RATE: $192.00 $148.00 $155.00 1.1 Review PS&E and Prepare Files 0 0 0 1.2 Prepare/Conduct Preconstruction Meetina 0 0 0 1.3 CM and Administrative Duties 0 0 0 1.4 Perform Field Inspection / Documentation 0 0 65 1.5 Complete Final Reports and Closeout 0 0 0 !TOTALS: I lcM & Inspection Services II 0 I 0 I 65 I 0 I Total Hours: TRAN1476 FEE $0.00 $0.00 $0.00 $10,075.00 $0.00 I I 0 II $10,075.ool 65 I $1 o,075.ool Notes: These are the estimated additional hours required to complete the project due to CCO work and added work. Kleinfelder Construction Services 4 5/7/2018 ~ I DATE(MM/0D/YYYY) ACC>RD9 CERTIFICATE OF LIABILITY INSURANCE ...._,____. 03/2912018 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 r~. No.): (800) 363-0105 Los An1eles CA office (AIC. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 AOORESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: 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 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 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 ·;ra TYPE OF INSURANCE 1NS1 wvo POLICY NUMBER IMPNODrtm'I ,r.iwoDNVVYI LIMITS B X COMMERCIAL GENERAL LIABILITY I OU) OJ.5853 uq/UJ./ -----/UJ./lUJ.~ EACH OCCURRENCE Sl,000,000 -~ CLAIMS-MADE 0occuR DAMAGE TO """' 1 ccu PREMISES !Ea occurrence l $1,000,000 -MED EXP (Any one penson) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0PRO-0Loc $2,000,000 POLICY X JECT PRODUCTS -COMP/OPAGG OTHER: A AUTOMOBILE LIABR.ITY 6057515836 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $1,000,000 /Ea acciden11 -X ANY AUTO BODILY INJURY ( Per peraon) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY -AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS /Per accident) -ONLY -AUTOS ONLY A X UMBRELLA LIAB H OCCUR 6057123519 04/01/2018 04/01/2019 EACH OCCURRENCE $2,000,000 -$2,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE OED I X I RETENTION SlO, 000 C WORKERS COMPENSATION AND WC6057169108 04/01/2018 04/01/2019 x 1 ~frrUTE I ll?;pi· EMPLOYERS' LIABILITY Y/N (CA) C ANY PROPRIETOR I PARTNER/ EXECUTIVE ~ WC6057169111 04/01/2018 04/01/2019 E.L EACH ACCIDENT Sl,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) (AOS) E.L DISEASE-EA EMPLOYEE $1,000,000 ~i;i:tfii~ ~:~PERATIONS 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 ns & condi ions DESCRIPTION OF OPERATIONS/ LOCATtoNS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mant apace 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/CMWD is included as Additiona Insured in accordance with the policy provisions of the General Liabilit, 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 polic1 provisions of the workers Compensation policy. See Attached for Notice of cancellation Provisions. see Attached for compete List of Named Insureds. CERTIFICATE HOLDER city of carlsbad/CMWD c/o EXIGIS Insurance compliance services P.O. BOX 4668 -ECM #35050 New York NY 10163-4668 USA CANCELLATION SftOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WR.L 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 . l1. ID <( ... Cl) I;:: ~ C Cl) :!:! ... Cl) 'C 0 :c l , AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED _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_. _______ _,The Kleinfelder Group, Inc POLICY NUMBER see Certificate Number: 570070644307 CARRIER see certificate ~umber: 570070644307 I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS . THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED SCHEDULE The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder west, Inc. Kleinfelder central, Inc. Geosystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder southeast, Inc. s EA consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan consulting, Inc. Simon wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. ; .... i:,· • • ~: :· .: : : I : Page_ of_ Red Dog Technical Services, Inc. Hood Technical services, Inc. Hood Resources corp. i-----927278 Alberta Ltd. --9437-39 Alberta Ltd o/a Hood Engineering 943743Ji:lb--ert-a-t..t<4_ 950347 Alberta Ltd. oJa-tiood~h 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. r--Lerista Pty Ltd. Kowalski Engineering, Inc. ACORD 1u1 1~uDB/D1) © 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. -. -··, ; : ;-. 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 anci 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 :..: ,i .-,. '··-~.-•• 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 struct1,1ral alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises · An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or -re~er's liability for bodjly injury, property damage or personal and advertising injury arising out of the · '" •0Named·ffisured!s-ownecsJill>;'maintenance~-or use of a premises' by i'l Named· ln~urEfd.'' ---· · · · · · --The C?_verage wanted by this paragraphdoesnot-apply-t~lterations, new construction or demolition operations performed by, on behalf of, or for such add1t1onal insured.---- H. State or Governmental Agency or Subdivision or Political Subdivisions -Permits ----------- A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: · a. the existence, maintenance, repair, construction, erection, or removai of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA74858XX (1-15) Page 3 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 1 Effective Date: o 4 / o 1 / 2 o 18 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 ~_levators; or c. the.ownership, maintenanc~ 0~ use ofany'eleva:tors·covered.bythis insura.nce; or 2. the permitted or authorized operations performed .by a Named Insured or.on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written _ .. ___ c;o~~~ct _~~-~g,r~_errwr:it., t~~.Jry_s~r~r_yvH! _t_r:~.,i~ _a_~ __ a yv:ri~-~r)}?!?l!t~8:<?t~DY. 9C!Y~!;.l~~~t~.l _ _ee~it that r,e,quires the · Named Insured to add the governmental entity as an additio·nal insured. · · · · · · ·· I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or · b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. · · · · 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'$ INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insur~d's own insurance, then this insurance is primary, and the Insurer will not seek contribution from 1hat ·other ·insurance. For the· ptlrpose oMhis-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, theri his or.her spouse is an insured; b. A_partnership or joint venture, th~n its partners, members ~nd thei~ spouses are Insureds; c. A limited liability company, then its members and managers are"lhsureds; 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 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~..ab!gher limit of insurance than required by the written contract. ----------111. The insurance granted oythis--endorse~ to the additional insured does not apply to bodily injury, property damage, or personal and advertising injuryansing-out-of~ A. the rendering of, or the failure to render, any professional architectural, engine-erin£i,Or-sl.l1Yfil'ing services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which th!3 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 sett insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. --. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 National Fire Insurance Of Hartford Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6057515853 Endorsement No: 3 Effective Date: 04/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ---- WORKERS COMPENSATION II ' ! • • ~ • • · BLANKET WAiVER 0 '. 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 ~l~_n_~~t~~~!-~~-!:Ib_ili_g_~!!c:>!J_J:>~r:.<:_e,rjt~g-~gharge 2%. All other terms and conditions of the policy remain unchanged. r----·-·-···--·--------. -----------·--·-----·------·-···· -----------·-----·--· --·---------------- !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. L-----------·-· --------------------------·----------------------·- ------------------------------_J Form No: G-19160-B (11-1997) c·--------Policy No: WC6057l_gl108. ___ _ Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: '. ____ ~-: Endorsement No: r:---:::-,--. · Underwriting Company: :Americar/ Casualty Company of Reading, PA 04/01/2018 © Copyright CNA All Rights Reserved. PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 8 PROJECT NO. 3896 TRAN1476 This eighth A Project Task Description and Fee Allotment, is entered into on gc, \ q l,o\'i , pursuant to an Agreement between KLEINFELDERONSTRUCTION SERVICES, INC., a California corporation, ("Contractor") and the CITY OF CARLSBAD, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 19, 2018, ("proposal"), attached as Appendix "A" for the Beach Access Stairway Repair at Sycamore Avenue, (the "Project"). The Project services shall include Construction Management and Inspection services for the Beach Access Stairway Repair at Sycamore Avenue Project. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty-five (35) 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 Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $30,792. City Attorney Approved Version 7/19/17 TRAN1476 4. PREVAILING WAGE RATES Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 7 /19/17 2 TRAN1476 TABLE 1 FEE ALLOTMENT CM & INSPECTION SERVICES FOR THE BEACH ACCESS STAIRWAY REPAIR AT SYCAMORE AVENUE PROJECT TASK GROUP Construction Manaqement & Inspection Services TOT AL (Not-to-Exceed) CONTRACTOR KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation 7 (print name/title) Vi'c,,, ~I~ TIME & MATERIALS $30,792 $30,792 KLEINFELDER CONSTRUCTION SERVICES, INC., a California corporation (name of By/_~/ 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Public Works Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ DeputyCfyAttorne City Attorney Approved Version 7/19/17 3 ~NFELDER ~ CONSTRUCTION SERVICES March 19, 2018 City of Carlsbad Appendix "A" -TRAN1476 Construction Management and Inspection Division 1635 Faraday Avenue Carlsbad, CA 92008 Attention: SUBJECT: Valerie Airey, LEED AP Municipal Projects Manager Beach Access Stairway Repair at Sycamore Avenue (Contract No. 3896) -Construction Management and Inspection Services Dear Ms. Airey: Kleinfelder Construction Services (KCS) is pleased to submit our scope of work and fee proposal to provide construction management and inspection services for the Beach Access Stairway Repair at Sycamore Avenue project. We are proposing the following personnel to manage the project: • Mark Plotnikiewicz -Project Manager/Schedule Reviews • Dave Kelsey -Civil Inspector/Welding Inspector Mr. Plotnikiewicz has 26 years of civil engineering experience on a variety of transportation and public works projects. He has served as a Project Manager, Resident Engineer, Lead Scheduler, Structures Representative, Lead Constructability Reviewer and Design Engineer. He has successfully completed multiple projects with the City of Carlsbad and thoroughly understands the City's processes. Mr. Kelsey has extensive construction inspection experience and a strong background in the supervision of public works projects and will serve as the Civil Inspector/Welding Inspector for the project. He has recently completed several unique projects involving welding and civil inspection including the Petco Park Backstop Netting Welding project and the Stuart Mesa Rail Maintenance Facility Fall Protection Systems project. His roles will include inspection of the work, daily documentation, and document filing. Resumes for Mr. Plotnikiewicz and Mr. Kelsey are attached for your review. KCS possesses additional qualified inspection staff should scheduling conflicts arise due to other project assignments. Our scope of work and fees are based on an estimated schedule of 35 working days. Monday through Friday will be considered the working days on the Project based on Section 6-7.2 of the General Provisions in the contract documents. QNFELDER ~ CONSTRUCTION SERVICES Appendix "A" -TRAN1476 We hope this proposal is satisfactory and look forward to our continued relationship with the City of Carlsbad. Please contact us if you have any questions or need additional information. Sincerely, ~)ILM= Hank Gentile, P.E. Kleinfelder Construction Services Attachment CNFELDER ~ Appendix "A" -TRAN1476 CONSTRUCTION SERVICES KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: Beach Access Stairway Repair at Sycamore Avenue (Contract No. 3896) City of Carlsbad CLIENT: DATE: March 19, 2018 PROJECT DESCRIPTION The project consists of repairing the damaged stairway at Sycamore Avenue. The work items include: • Preconstruction videos and photographs • Installing temporary fence • Removing existing stair treads • Temporary bracing for existing HSS stairway beams • Cleaning and re-installing existing stair treads • Removing existing support angles • Welding new galvanized support angles • Cleaning and painting • Placing new stair treads • Placing joint sealant • SWPPP BMPs CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, public outreach, construction methods, welding, labor compliance, SWPPP, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS' Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include WPCP, welding procedures, baseline schedule, precast concrete stair treads, and painting plan. QNFELDER ~ CONSTRUCTION SERVICES Appendix "A" -TRAN1476 • Baseline Schedule: KCS' Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS' Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2.5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the red lined markups maintained during the course of the project that can be utilized in the preparation of final "As-Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. c,NFELDER ~ CONSTRUCTION SERVICES Appendix "A" -TRAN1476 Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: • Inspection: KCS will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will ensure that the Contractor's work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KCS will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS' Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. Appendix "A" -TRAN1476 ESTIMATE OF FEES*See Note City of Carlsbad Beach Access Stairway Repairs at Sycamore Avenue (Contract No. 3896) Kleinfelder Construction Services CLASS/FICA TJON Senior Senior Project Inspector Inspector Manager (Non-PW) (PW) TASK: Inspection Services I RATE: $192.00 $148.00 $155.00 1.1 Review PS&E and Prepare Files 2 8 0 1.2 Prepare/Conduct Preconstruction Meetim1 0 8 0 1.3 CM and Administrative Duties 4 40 0 1.4 Perform Field Inspection/ Documentation 0 0 120 1.5 Complete Final Reports/ Closeout Files 2 16 0 !TOTALS: I FEE $1,568.00 $1,184.00 $6,688.00 $18,600.00 $2,752.00 I I lcM & Inspection Services II 8 I 72 I 120 I 0 I 0 II $30, 792.ool Total Hours: 200 I $30, 792.ool Notes: Estimate is based on a project duration of 35 working days, with 15 working days requiring full time inspection. The workweek runs from Monday through, and including, Friday. Construction management and administrative duties are based on an 8-hr shift. Field inspection hours are based on the anticipated hours required to complete the work and include overtime. Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Kleinfelder Construction Services 3/19/2018 Appendix "A" - TRAN1476 Dave Kelsey, CWI Welding Inspector Dave Kelsey has 23 years of experience in the quality control/ass urance field with a strong background in welding and material examinations in various industries from marine, aerospace, pipelines, and pressure vessels to electric utility (substations and transmission), structural stee l buildings, and seismic upgrades. His experience also includes state Department of Transportation projects and bridge infrastructures. He holds Nondestructive Testing (NDT) certifications for Ultrasonic, Magnetic Particle, and Liquid Penetrant t esting. Mr. Kelsey has extensive supervisory Education Professional Re istration AWS Cert ified Welding Inspector, No. 05020311 City of San Diego Certified Special Inspector, No. 1039 ACI Concrete Field Testing Technician, Grade I ICC Special Inspector Certified, No. 5300601: Sl/S2 Structural Steel and Bolting, Structural Steel and Welding, Reinforced Concrete, Prestressed Concrete, Spray-applied Fireproofing, Structural Masonry, and Structural Welding Prestressed Concrete Institute PCI Certified Level II Technician/Inspector, No. 13259 Kleinfelder NOT Level II Certified: Magnetic Particle Testing, Liquid Penetrant Testing, Ultrasonic Testing experience setting up and directing associate inspection personnel for an effective field/shop inspection program that accurately documents and tracks all required inspections, hold points and follow ups for any repairs, and request for information for further clarification. He ha s experience with revi ewing and writing contractor and/or client-specific procedures and detailed reports as required per contract, QA reviewing of contractors, submitting quality control procedures and drawings for project approvals, and using effective and direct professional communication with clients and contractors to fost er a team-effort. NCTD On-call Construction Management Services, Stuart Mesa Maintenance Facility Fall Protection Systems (Ca mp Pendleton, CA) Mr. Kelsey served as a Project Inspect or on t he Stu art Mesa Rail Maintenance Facility on the grounds of Camp Pendleton Marine Corps Base, California. In this role, he inspect ed the install ation of six swing-arm fall protection devices inside the maintenance facility. The work included concrete demolition, concrete footing const ruction, steel member swing arm erection, safety signage inst allation, and portable access ladder installation. Mr. Kelsey coordinated the work with NCTD maintenance staff to ensure undisturbed and cont inuous railcar maintenance activity within the facility. San Diego Padres Petco Park Backstop Netting Welding Project (San Diego, CA) Mr. Kelsey serves as a Special Inspector for the installation of additional backstop netting at Petco Park, ho me of the Sa n Diego Padres professional baseball team. Mr. Kelsey's responsibilities include performing an init ial plan and specification review, welding inspection of tabs to overhea d beams and post-installed anchors of the netting, preparing detailed daily w elding reports, and preparing a final welding inspection report that ce rtifies compliance with the California Building Code. SAN DAG On-call Construction Management Services, East County Bus Maintenance Facility (El Cajon, CA) Mr. Kelsey served as a Senior In spector for this $45M bus maintenance facility project in El Caj on, California. This expansion and renovation proj ect includes a new 34,500-square-foot high-bay maintenance building, a new state-of-the art compressed natural gas (CNG) fueling station, reconfiguration of st aff and bus parking, and a new 10,275-square-foot administrative building with new heating ventilation and air conditioning (HVAC) and elevator systems. Extensive coordination with MTS is required upon completion of the new structure to transfer and resume operations in the new facility. Once completed, the old facility will be demolished, and the site will be paved t o accommodat e addit ional bus parking. Mr. Kelsey provided lead field QA inspection and quality assurance oversight for numerous aspects of the project, including the special inspection of the con crete and structural steel elements, as well as drainage, paving, and irrigation. In this role, he was responsible for verifying compliance with California Building Code, project plans and specifications, City of San Diego specifications, San Diego Regional St andard s (SDRSD), and Green book; and that construction and worksite safety programs were implemented correctly and enforced. Mr. Kelsey's inspection tasks included municipal underground sewer, manholes, curb drainage inlets, sidewalks/curbs, storm main drainage piping, electrica l duct banks, and water utilities. Above grade QA inspection work included construction and installation of drainage structures, measuring grade elevations, inspecting in stallation of class II engineered fill and compaction effort, Appendix "A" -TRAN1476 concrete and hot mix asphalt (HMA) paving operations, concrete masonry unit (CMU) and cast in-place walls, building excavations, footings and concrete slab work, and below slab/grade mechanical, electrical, plumbing (MEP) installation. Additional inspection tasks include building structural steel erection, bolting and welding, steel decking, light gauge metal stud framing, roofing (sheet metal standing seam and built-up roofing), fire main installation, elevator inspections, ADA compliance for exits, egress, door swing, ramps, bathroom fixtures and stalls, as well as all interior MEP installation. Mr. Kelsey also assisted the Resident Engineer with contract change orders (CCOs), estimates and cost research, tracking contract quantities, plan review and recommendations, and reviewing RFls. City of San Diego As-needed Construction Management, Old Otay Mesa 24-lnch Water Main Transmission Line (San Ysidro, CA) Mr. Kelsey served as a Welding and Dye Penetrant Testing Inspector on this City of San Diego project to construct 2,600 linear-feet of 24-inch steel and concrete lined waterline. In this role, he was responsible for inspection of fit-up and welding of the waterline and dye penetrant testing on welded pipe joints. "LAWA" Los Angeles World Airport (LAX) Bradley International Terminal Expansion Project (Los Angeles, CA) Mr. Kelsey served as a Welding/Nondestructive Testing (NOT) Lead Quality Assurance Inspector for this $1.9B project with additional $400M in renovations. His duties included providing building special inspections for welding and high strength bolting, and NOT services for jobsite and off-site fabricators as required. The project included special inspections for concrete including placement of reinforcement per drawings, additional NOT inspections and evaluations utilizing Ultrasonic/Magnetic Particle Testing of welded connections and related structural materials, general quality assurance inspections of mechanical and interior building components, plumbing piping elevation and placement, framing, conduit, lighting, plumbing fixtures, elevators, and HVAC systems. Mr. Kelsey processed Contractor pay request submittals, and also performed project walkthroughs with the contractor superintendent and engineering representative for verification of work completed and acceptance prior to payment. SDG&E Sunrise Powerlink (San Diego County, CA) Mr. Kelsey served as a Welding Construction Inspector and Quality Assurance Lead for non-destructive testing of steel components on SDG&E's $1.9B Sunrise Powerlink project, which brings 1,000 megawatts of renewable energy from Imperial Valley to San Diego County. The project included a new 120-mile-long 230-kV/500-kV high-voltage power transmission line that runs between the Imperial Valley Substation near El Centro and the Sycamore Canyon Substation in Poway, and includes approximately 440 monopole and lattice steel tower structures-some standing in excess of 150 feet tall. Mr. Kelsey's responsibilities included inspection of field and shop welding, as well as the non-destructive testing for various tower components including steel pile caps. Additional tasks included inspection and monitoring of tower foundation and pile placement and reinforcement, concrete sampling and testing, placement of concrete for conventional foundations, cast-in-place piles, and monitoring of micro-pile grouting and testing operations. SDG&E Salt Creek Substation (Chula Vista, CA) Mr. Kelsey served as a Construction Inspector on the Salt Creek Substation project, which consisted of constructing a new 120 MVA 69/12-kV distribution substation in Chula Vista, California. Additional elements included construction and operation of a new five-mile-long, 69-kV single circuit powerline, running between the Salt Creek Substation and the existing Miguel Substation; construction and operation of an underground loop-in of the 69-kV powerline to the Salt Creek Substation; and installation of a new 69-kV powerline position at the existing Miguel Substation to connect the new powerline. Mr. Kelsey was responsible for concrete inspection of wall and building footings; perimeter drainage brow; the excavation of footings and re bar installation; and inspection and testing of masonry construction such as the site perimeter wall. Other responsibilities included inspecting drainage, curb, and gutter for the access road, as well as fireman valve and piping installation; and assisting the Resident Engineer with safety monitoring of the Contractor and subconsultants. Mark Plotnikiewicz, PE, QSD Project Manager Appendix "A" -TRAN1476 Mark Plotnikiewicz has 26 years of professional engineering experience providing construction management for a variety of transportation and public works projects as a Resident Engineer, Structures Representative, Lead Constructability Reviewer, Lead Scheduler, and Design Engineer. He brings a comprehensive understanding of all aspects of construction management, including project management, contract oversight, construction surveying, shop drawing review, submittal review and approval, CPM schedule review, QA/QC, constructability reviews, and risk register ana lysis. Mark's experience includes his work as a Senior Scheduler and Constructability Review Engineer for several large on-call contracts and in direct support of the SWE main office for the past nine years. NCTD-As-needed Construction Management and Construction Inspection Services (San Diego County, CA) Mr. Plotnikiewicz will serve as Project Manager for SWE's recently awarded on-call contract with NCTD. SWE's scope of services for this contract includes construction management and construction inspection services for a variety of bus, rail, and transit projects, as well as NCTD Capital Improvement projects, NCTD encroachment projects, and SAN DAG supported projects on NCTD right-of-way. As Project Manager, Mr. Plotnikiewicz will implement and execute our quality control procedures, ensure team members are adequately equipped and trained to perform their job function, and monitor our performance on a frequent basis with NCTD. Additionally, he will be responsible for contract administration, construction inspection, and construction engineering as needed. Caltrans District 11 -On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as Senior Engineer for the Caltrans District 11 Claims Department performing constructability reviews and providing CPM schedule analysis and review services. His responsibilities include analyzing Contractor's baseline and monthly schedule updates using Primavera P3 and P6, Microsoft Project, Claim Digger, and SureTrak; preparing time impact analysis to determine construction delays; and assisting project designers in the development of CPM schedu les used for programming jobs and determining working days. Mr. Plotnikiewicz also prepares and reviews CPM schedu les and contract documents for projects prior to bid to verify working days, constructability, and logic of stage construction plans; and assists the Duty Sen ior with responses to bidder's inquiries. SAN DAG -On-call Construction Management Services, Various Projects (San Diego County, CA) Mr. Plotnikiewicz serves as the Scheduling Engineer for several task orders including Sorrento to Miramar Phases 1 and 2, East County Bus Maintenance Facility, Sorrento Valley Double Track, and Mid-City Bus Rapid Transit. Mr. Plotnikiewicz is responsible for reviewing baseline CPM schedules, monthly update schedules, and Time Impact Analysis (TIA). He prepares independent TIAs based on the project records to verify if the contractor-prepared TIAs are valid and creates what-if schedules to assess potential project impacts. Mr. Plotnikiewicz has also created project schedules during the constructability review phase to verify the contract working days. City of Carlsbad -Las Encinas Creek Bridge Replacement (Carlsbad, CA) Mr. Plotnikiewicz served as Resident Engineer on this $2M federally funded bridge replacement project. He was responsible for all aspects of construction management including inspection, SWPPP compliance, falsework review, submitta l reviews, negotiating and writing cha nge orders, preparing as-built drawings, and overall contract adm inistration. Th e project included removal and replacement of a 100-year old bridge with a precast Conspan arch bridge approximately 38 foot long, 43 foot wide and 8 foot tall, supported on a reinforced concrete slab with 6-foot- deep cut-off walls, creek rock slope protection and improvements, roadway reconstruction, and drainage installation. Mr. Plotnikiewicz worked with the contractor to ensure that all stream diversions and SWPPP BMPs were installed per the contract document and environmental permits. _____., I DATE(MMIDDIYYYY) ACC>Rc:,• CERTIFICATE OF LIABILITY INSURANCE ~ 01/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Insurance Services west, Inc. PHONE (866) 283-7122 I r..e~. No.l: (800) 363-0105 LOS An~eles CA Office (A/C. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER($) AFFORDING COVERAGE NAIC# INSURED INSURER A: American casualty Co. of Reading PA 20427 The Kleinfelder Group, Inc INSURER B: continental casualty Company 20443 550 west c Street, suite 1200 Transportation Insurance co. 20494 San Diego CA 92101-3532 USA INSURERC: INSURER D: The continental Insurance Company 35289 INSURER E: American Guarantee & Liability Ins co 26247 INSURER F: Lloyd's Syndicate No. 2001 Ml128001 COVERAGES CERTIFICATE NUMBER: 570070100379 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 '""'n TYPE OF INSURANCE 'iNso 'Wlt POLICY NUMBER ,~Wil'olvWvi ,~~)-c'i'olvm-, LIMITS LTR B X COMMERCIAL GENERAL LIABILITY I bUL.,,v.,.,ts.:! U4/Ul/Lu~/ IU4;u~/LUH EACH OCCURRENCE $1,000,000 -D 0occuR UAMAGE TO RENHcU $100,000 CLAIMS-MADE PREMISES (Ea occurrence) MED EXP (Any one person) $15,000 -PERSONAL & ADV INJURY $1,000,000 -$2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ~ 0PR~ 0Loc $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: B AUTOMOBILE LIABILITY 6024504466 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $1,000,000 Automobile Liability tEa accident) -D X ANY AUTO 6042661283 04/01/2017 04/01/2018 BODILY INJURY ( Per person) -~ SCHEDULED Hi red Auto Phys Dmg BODILY INJURY (Per accident) OWNED AUTOS -AUTOS ONLY ~ NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY ~ AUTOS ONLY D X UMBRELLA LIAB H OCCUR CUE6024191497 04/01/2017 04/01/2018 EACH OCCURRENCE $2,000,000 -AGGREGATE $2,000,000 EXCESS LIAB CLAIMS-MADE DED I X !RETENTION SlO, 000 A WORKERS COMPENSATION AND WC624362233 04/01/2017 04/01/2018 X I PER STATUTE I IOTH-EMPLOYERS' LIABILITY (CA) ER YIN A ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ WC624362247 04/01/2017 04/01/2018 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) (AOS) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 F Env CPL/Prof LDUSA1703212 04/01/2017 04/01/2018 Each claim $2,000,000 claims-Made Policy Aggregate $2,000,000 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 includin~ but not limited to Job No. 20161803, El Camino Real Bridge widening. The city of Carlsbad/CMWD is included as Additiona Insured in accordance with the policy provisions of the General Liabilit1 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 policy provisions of the workers compensation policy. see Attached for complete List of Named Insureds. CERTIFICATE HOLDER city of carlsbad/CMWD c/o EXIGIS Insurance compliance services P. 0. 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 (!) co <( 0) r--<') 0 0 ;; r--0 0 r--,0 0 z .2l IU 0 t;::: :e GI (.) AGENCY AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder Group, Inc POLICY NUMBER see certificate Number: 570070100379 CARRIER I NAICCODE See certificate Number: 570070100379 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD I certificate form for policy limits. POLICY POLICY INSR ADDL St:BR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR TYPE OF INSURANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYVY) WORKERS COMPENSATION C N/A WC624362216 04/01/2017 04/01/2018 (AZ, OR, WI) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder POLICY NUMBER see certificate Number: 570070100379 CARRIER I NAIC CODE see certificate Number: 570070100379 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. SE 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. NAMED INSURED SCHEDULE LPG Environmental & Permitting services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan Consulting, Inc. simon Wong Engineering, Inc. omni Environmental, LLC A-1 Surveying OEI Consultants, Inc. Red Dog Technical services, Inc. Hood Technical Services, Inc. Hood Resources corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 943743 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. Kleinfelder construction services, Inc. Group, Inc Page_ of_ ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA 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. 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 lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to 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: CNA74858XX (1-15) Page 2 of 18 CONTINENTAL CASUALTY COMPANY Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6024504483 Endorsement No: 1 Effective Date: 04/01/2017 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 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 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 lnsured'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 b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 6024504483 Page 3 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 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 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. 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 lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 15 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 d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 CONTINENTAL CASUALTY COMPANY Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6024504483 Endorsement No: 1 Effective Date: 04/01/2017 Copyright CNA All Rights Reserved. lndudes copyrighted material of Insurance Services Office, Inc., with its penmission. ---= -= CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work. 5. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 6024504483 Page 5 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP' INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii iiiiiiii ----- CNA 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 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 lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ill. 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 is required by written = CNA75079XX (1-15) Policy No: 6024504483 Page 1 of 2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 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 Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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. CNA75079XX (1-15) Policy No: 6024504483 Page 2 of 2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ~NA Workers Compensation And Employers Liability Insurance Policy Endorsement II 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. Form No: G-19160-8I11-1997) Endorsement Effective Date: Endorsement No: 3; Page: 1 of 1 Endorsement Expiration Date: Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 © Copyright CNA All Rights Reserved. Policy No: WC 6 24362233 Policy Effective Date: 04/01/2017 Policy Page: 35 of 53 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 7 PROJECT NO. 6606-17 TRAN1476 Fee Allotment, is entered into on -:-:-:=a"':-".~~~ ...... .....,,--==r-f:~~'r-'-~'-"--'~~-----:---:--' pursuant to an Agreement between Kleinfelder Constr Serv· es, Inc., ("Contractor") and the City of Carlsbad, ("City") dated September 29, 20 , (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 13, 2017, ("proposal"), attached as Appendix "A" for the BRIDGE PREVENTATIVE MAINTENANCE PROGRAM 2017, (the "Project"). The Project services shall include pre-construction, construction management, contract administration, inspection, project close out and all remaining contract work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 10 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 60 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 Director or City 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 a time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $65,482. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state City Attorney Approved Version 7 /19/17 TRAN1476 prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT BRIDGE PREVENTATIVE MAINTENANCE PROGRAM 2017 TASK GROUP Rate Hours TIME & MATERIALS Project Manager $192 28 $5,376 Senior Inspector $148 352 $52,096 Senior Inspector (overtime) $178 45 $8,010 TOTAL (Not-to-Exceed) $65,482 CONTRACTOR Kleinfelder Construction Services, Inc. Kleinfelder Construction Services, Inc. ,(nameof~ By:/tddd~ Marc McIntyre / Vice-President (print name/title) 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. By: Kevin rawford, City Manager APP~ AS TO FORM: CELIA A. BREWER, City Attorney BY:(/~ Deputy City Attorney Date: --+(_._lj:.....;;cB_f_,8 ___ _ City Attorney Approved Version 7 /19/17 2 r~ { KLEINFELDER ~ CONSTRUCTION SERVICES KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES APPENDIX A PROJECT: CLIENT: Bridge Preventative Maintenance Program 2017 -Project No. 6066-17 City of Carlsbad DATE: December 12, 2017 PROJECT DESCRIPTION This project is the first of a series of projects included in the City of Carlsbad's Bridge Preventative Maintenance Program. The project includes work on two bridges: Poinsettia Lane OH (Bridge No. 57C-0598) and Calle Barcelona POC (57C-0766). The work on Poinsettia Lane OH (Bridge No. 57C-0598) includes: o Remove existing concrete barrier, chain link fence, and a portion of the concrete bridge deck o Construct concrete barrier, chain link railing, concrete expansion dams, and joint seals o Repair spalled concrete on the existing barrier rail and concrete expansion dams o Repair the existing masonry block wall o Repair the cracked slope paving with epoxy crack injection o K-rail placement and traffic control Portions of the work are within NCTD right-of-way. NCTD railroad worker safety training and an NCTD right-of-entry permit will be required prior to beginning work. Additionally, coordination with NCTD for railroad flagging and railroad work windows will be required. The work on Calle Barcelona POC (Bridge No. 57C-0766) includes: o Replace spalled concrete pilaster cap o Repair stone veneer o Clean bridge deck and place methacrylate treatment o Remove and replace joint seals o Install helical anchors to lift tilted pilasters CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, railroad coordination, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and c,NFELDER ·~ CONSTRUCTION SERVICES Inspection staff, Traffic Department personnel, the General Contractor, NCTD, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS' Project Inspector will receive, log, review, and respond to project submittals, as well as coordinate with the City and Project Designer if necessary. The Project Designer will provide reviews for any structural submittals. Critical submittals include baseline schedule, traffic control plans, NCTD right-of-entry permit, railroad protection platform, helical anchor/pile, air emissions monitoring plan, and concrete mix designs. • Baseline Schedule: KCS' Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS' Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend CNF£LD£R -~ CONSTRUCTION SERVICES against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final "As-Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. All field personnel will have competed the NCTD Roadway Worker Safety Training for work on NCTD right-of-way. The following highlights a few key components of this work: • Inspection: KCS will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will ensure that the Contractor's work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KCS will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS' Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. _____, I DATE(MM/DD/YYYY) AC:C>Rc:>® CERTIFICATE OF LIABILITY INSURANCE ,..____.._..-11/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require ah 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 NAME: west, Inc. PHONE (866) 283-7122 I iffc. No.): (800) 363-0105 Los An9eles CA office (AJC. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: American casualty Co. of Reading PA 20427 The Kleinfelder Group, Inc INSURER 8: continental casualty company 20443 550 West C Street, Suite 1200 INSURER C: Transportation Insurance co. 20494 San Diego CA 92101-3532 USA INSURER D: Lloyd's syndicate No. 2001 M1128001 INSURER E: The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER: 570069307557 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 ,. .. ,., TYPE OF INSURANCE "'-'U' :SUtiH POLICY NUMBER /~~k\'6~ /~~hl'f>Tvm LIMITS LTR INSD \IND 8 X COMMERCIAL GENERAL LIABILITY 10UL450448.:l 04/Ul/LUl/ 104/01/LUl~ EACH OCCURRENCE $1,000,000 ,.-~ CLAIMS-MADE 0occuR UAMAGE TO t<cN I cu $100,000 PREMISES (Ea occurrence\ MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0PR~ @Loe $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: 8 AUTOMOBILE LIABILITY 6024504466 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $1,000,000 Automobile Liability {Ea accident) -E X ANY AUTO 6042661283 04/01/2017 04/01/2018 BODILY INJURY ( Per person) -OWNED -SCHEDULED Hi red Auto Phys Dmg BODILY INJURY (Per accident) -AUTOS ONLY -AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accident) -ONLY -AUTOS ONLY UMBRELLA LIAB H OCCUR EACH OCCURRENCE -AGGREGATE EXCESS LIAB CLAIMS-MADE DEDj jRETENTION A WORKERS COMPENSATION AND WC624362233 04/01/2017 04/01/2018 XI PER I IOTH-EMPLOYERS" LIABILITY YIN (CA) STATUTE ER A ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ WC624362247 04/01/2017 04/01/2018 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) (AOS) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D Env CPL/Prof LDUSA1703212 04/01/2017 04/01/2018 Each claim $2,000,000 claims-Made Policy Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS J VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Projects, Agreement Number: TRAN1642, Agreement Name : Engineering Design services for Encina Discharge channel Bridge• Railin1 Imrovements. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the Genera Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the workers' Compensation policy. 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 Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services PO BOX 4668 -ECM #35050 ~ ~f ~nee £vi:ed ~~ New York NY 10163-4668 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CJ al <( ... Q) :.:: :;::: C: Q) :!:! ... Q) "Cl 0 J: r--"' "' r--0 M (J) (0 a a r--"' 0 z .s (<S 0 :.:: t: Q) (.) AGENCY AGENCY CUSTOMER ID: 570000071365 LOG#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder Group, Inc POLICY NUMBER see certificate Number: 570069307557 CARRIER I NAIC CODE see certificate Number: 570069307557 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUHR EFFECTIVE EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR INSD WVD DATE DATE IIMM/DD/YYYY\ IMM/DD/YYYY\ WORKERS COMPENSATION C N/A WC624362216 04/01/2017 04/01/2018 (AZ, OR, WI) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder POLICY NUMBER see certificate Number: 570069307557 CARRIER I NAIC CODE see certificate Number: 570069307557 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. Kleinfelder Australia Pty Ltd. NAMED INSURED SCHEDULE LPG Environmental & Permitting services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan consulting, Inc. simon Wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. Red Dog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 943743 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. Kleinfelder construction services, Inc. Group, Inc Page_ of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA 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. 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. 8. 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 lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to 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: CNA74858XX (1-15) Page 2 of 18 CONTINENTAL CASUALTY COMPANY Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6024504483 Endorsement No: 1 Effective Date: 04/01/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. -iiiiiiiiii !!!!!!!!! ----= -= CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 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 lnsured'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 b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 6024504483 Page 3 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 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 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. 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 lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:, a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Policy No: 6024504483 Page 4 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights ReseNed. Includes copyrighted material of Insurance SeNices Office, Inc., with its permission. --!!!!!!!! ----= -= CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work. 5. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 6024504483 Page 5 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP' INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its penmission. iiiiiiii ----- CNA 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 8. 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 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. 8. 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 CG203 7. 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 8. a higher limit of insurance than required by the written contract. Ill. 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 8. 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 is required by written = CNA75079XX (1-15) Policy No: 6024504483 Page 1 of 2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 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 Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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. CNA75079XX (1-15) Policy No: 6024504483 Page 2 of2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its penmission. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement I 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. 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. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 25; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1 983 National Council on Compensation Insurance. Policy No: WC 6 24362247 Policy Effective Date: 04/01/2017 Policy Page: 199 of 301 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 6 PROJECT NO. 6049-17 TRAN1476 and Fee Allotment, is entered into on :-::-...:::::-:'"'Y:?'--~ ....... .._._~~~ ........ '-1b~....a..;'-'-::-:-=----:--~' pursuant to an Agreement between Kleinfel er Constru o Serv· es, Inc., ("Contractor") and the City of Carlsbad, ("City") dated September 29, 201 , (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated December 13, 2017, ("proposal"), attached as Appendix "A" for the ADA IMPROVEMENT PROGRAM, (the "Project"). The Project services shall include pre-construction, construction management, contract administration, inspection, project close out and all remaining contract work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 10 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 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). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City 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 a time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $90,668. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker City Attorney Approved Version 7 /19/17 TRAN1476 needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TASK GROUP Project Manager Senior Inspector TOTAL (Not-to-Exceed) TABLE 1 FEE ALLOTMENT ADA IMPROVEMENT PROGRAM Rate Hours $192 16 $148 592 TIME & MATERIALS $3,072 $87,616 $90,668 CONTRACTOR Kleinfelder Construction Services, Inc Kleinfelder Construction Services, Inc ~actor) ~ (sign here) (name of Contractor) By: t{,Lidv~o/~ (sign here) Marc McIntyre I Vice-President Ye ?J'c-4 a.lucc... 5e-l/e 1-r, (print name/title) 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. By: Date: __ J ....... &_/=-8 ....... l_o_"' ____ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY ~ DeputyCityAttrney City Attorney Approved Version 7 /19/17 2 (~NFELDER ~ CONSTRUCTION SERVICES KLEINFELDER CONSTRUCTION SERVICES SCOPE OF ENGINEERING SERVICES PROJECT: CLIENT: DATE: ADA Improvement Program -Project No. 6049-17 City of Carlsbad December 12, 2017 PROJECT DESCRIPTION Appendix A This project is the first of a series of projects included in the City of Carlsbad's ADA Improvement Program. The project includes two separate plan sets: Drawing No. 506-3 with 22 sheets and Drawing No. 506-4 with 10 sheets. A total of 149 curb ramps will be improved in this project. The curb ramps will be constructed per the San Diego Regional Standard Drawings, City of Carlsbad Standard Drawings, Caltrans Standard Drawings, or the contract plans. Work includes: o Demolish existing sidewalk, curb ramps, cross gutters, spandrels, and paving o Construct new curb ramps, curbs, sidewalks, cross gutters, spandrels, AC paving, and Class 2 aggregate base o Install truncated domes o Reconstruct existing catch basin o Extend existing underdrain o Relocate signs o Remove and replace pedestrian barricades o Remove and salvage existing bollards o Replace existing traffic signal pull boxes o Modify existing irrigation systems o Adjust push buttons per ADA and MUTCD requirements o Traffic control and stage construction o Striping, pavement markings, and continental crosswalks o Stormwater BM Ps This work will require public notifications for parking restrictions on multiple streets. We will work with the contractor to ensure the notices are distributed as specified in the special provisions. CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting CINFELDER ~- CONSTRUCTION SERVICES KCS will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, and submittals. Attendees will include KCS, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. KCS will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration KCS will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: • Submittals: KCS' Project Inspector will receive, log, review, and respond to all project submittals, as well as coordinate with the City and Project Designer if necessary. Critical submittals include baseline schedule, traffic control plans, and concrete mix designs. • Baseline Schedule: KCS' Project Inspector and Project Manager will review the baseline schedule submitted by the Contractor and respond accordingly. If the schedule is not approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. KCS will review the monthly schedule updates and focus on areas that may impact the critical path. • Project Meetings: KCS' Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings will be to discuss upcoming work, project issues, and overall project status. Each meeting will have an agenda in order to provide a platform for efficient dialogue. One of the goals of these meetings will be to identify potential conflicts at the earliest possible stage so they may be resolved without impacting the schedule. KCS will produce written minutes, which will be maintained in the project files. • Requests for Information: All Contractor Requests for Information will be logged and reviewed by our Project Inspector. Responses will be timely and in accordance with all contract documents as specified in section 2-5.1 of the General Provisions. We will work closely with the Contractor and City of Carlsbad staff to keep the project moving forward. • Progress Payments: KCS will develop monthly pay estimates for the work completed by the Contractor. Prior to completing the monthly estimate, KCS will meet with the Contractor to finalize the payment quantities for the appropriate bid items. KCS will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. • Change Orders: We will make every effort to complete the project without contract change orders. However, when required, our inspector will provide pertinent information regarding the necessity for the change, affected quantities, and other information to assist in the successful negotiation and execution of contract change orders. Project staff will investigate and analyze different options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders with assistance and information provided by our inspector. As with all contract work, we will maintain complete records of all change order work to ensure accurate and complete payment and avoid potential claim situations. • Photo Documentation: KCS will document the job site existing conditions with complete and comprehensive job-site photos prior to construction. This will include any features that the plans identify to "remain in place," or any facility the contractor is obligated to "protect in place." During the remaining construction activities, progress photos will be taken at frequent durations during the project also. KCS is aware that documentation is often needed to defend CINFELDER ~ CONSTRUCTION SERVICES against contractor claims of pre-existing damage to an existing facility. Photos will be dated, labeled, and logged for easy retrieval. • As-Built Drawings: KCS will maintain redline As-Built Markup Plans during the progress of the project. KCS will provide the City of Carlsbad with the redlined markups maintained during the course of the project that can be utilized in the preparation of final "As-Built Plans" upon completion of the project. • Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The files will be able to pass a State and Federal audit at any point during the construction. This work includes logging the Contractor's certified payroll. Task 1.4 Perform Field Inspection and Documentation KCS will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: • Inspection: KCS will monitor all construction activity on the project site and perform benchmark, part-time or full-time inspection depending on the operation and our budget. KCS will ensure that the Contractor's work crew is consistently operating in accordance with the governing safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at the earliest possible stage before they affect the budget or schedule. KCS prides itself in developing a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. • Public Interface: The Project Inspector will also serve as the main points of contact on behalf of the City in dealing with any questions or issues that arise with both private residents and commercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor and the public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours were developed. • Materials Sampling and Testing: KCS will coordinate with the City's on-call/as-needed testing firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. • Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to document important conversations and events. The Project Inspector will prepare the weekly statement of working days, progress payments, and contract change orders. • Punch list: A punch list will be provided to the Contractor to outline any remaining work necessary to accept the field work. The Project Inspector will work closely with the Contractor throughout the job to assure no major items of work or deficiencies remain when it comes time to prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files KCS' Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. ____, I DATE(MM/DD/YYYY) ACC>RC,"" CERTIFICATE OF LIABILITY INSURANCE ~ 11/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have 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 NAME: west, Inc. PHONE (866) 283-7122 I rie~. No.): (800) 363-0105 Los An1eles 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 NAJC# INSURED INSURER A: American casualty co. of Reading PA 20427 The Kleinfelder Grouo. Inc INSURER B: Continental casualty Company 20443 550 west c Street, suite 1200 INSURER C: Transportation Insurance Co. 20494 San Diego CA 92101-3532 USA INSURER D: Lloyd's syndicate No. 2001 Ml128001 INSURER E: The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER: 570069307557 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 'L''r'R TYPE OF INSURANCE 1Nso wvo POLICY NUMBER IMMiliDIYYYYl /MM/DD~ LIMITS B X COMMERCIAL GENERAL LIABILITY hi -ISj U4/UL/ LULi IU4/UL/ LULi! EACH OCCURRENCE $1,000,000 >--D CLAIMS-MADE 0occuR LJAMAG~ I U "rn cu $100,000 PREMISES (Ea occurrence) MED EXP (Any one person) $15,000 >--PERSONAL & ADV INJURY $1,000,000 ,- GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R [~YRO-@Loe $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: B AUTOMOBILE LIABILITY 6024504466 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $1,000,000 Automobile Liability rEa accident\ >--E X ANY AUTO 6042661283 04/01/2017 04/01/2018 BODILY INJURY ( Per person) >--OWNED -SCHEDULED Hired Auto Phys Dmg BODILY INJURY (Per accident) AUTOS ONLY AUTOS >---NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) >--ONLY >---AUTOS ONLY UMBRELLA LIAB H OCCUR EACH OCCURRENCE >--AGGREGATE EXCESS LIAB CLAIMS-MADE DEDI I RETENTION A WORKERS COMPENSATION AND WC624362233 04/01/2017 04/01/2018 XI PER I IOTH-EMPLOYERS' LIABILITY YIN (CA) STATUTE ER A ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ WC624362247 04/01/2017 04/01/2018 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) (AOS) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below p Env CPL/Prof LDUSA1703212 04/01/2017 04/01/2018 Each claim $2,000,000 claims-Made Policy Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Projects, Agreement Number: TRAN1642, Agreement Name : Engineering Design services for Encina Discharge Channel Bridge RailinT Imrovements. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the Genera Liability policy. A waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the workers' Compensation policy. 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 \MLL BE DELIVERED IN ACCORDANCE \MTH THE POLICY PROVISIONS. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services PO BOX 4668 -ECM #35050 tSL ~JnJutana g;'~ ~k New York NY 10163-4668 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD (.'.) a:i <( t--,0 ,0 t--0 (") a, <O 0 0 t--,0 0 z .2l C'tl 0 ;.: t ell u AGENCY AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder Group, Inc POLICY NUMBER see certificate Number: 570069307557 CARRIER I NAIC CODE see certificate Number: 570069307557 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ ADDITIONAL POLICIES If a policy below does not include limit info1mation, reter to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUHR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS DATE DATE IIMM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION C N/A WC624362216 04/01/2017 04/01/2018 (AZ, OR, WI) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder POLICY NUMBER see certificate Number: 570069307557 CARRIER I NAIC CODE see certificate Number: 570069307557 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. Kleinfelder Australia Pty Ltd. NAMED INSURED SCHEDULE LPG Environmental & Permitting services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan consulting, Inc. simon wong Engineering, Inc. omni Environmental, LLC A-1 surveying OEI consultants, Inc. Red Dog Technical services, Inc. Hood Technical services, Inc. Hood Resources corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 943743 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. Kleinfelder construction services, Inc. Group, Inc Page_ of_ ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA 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. 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 lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf: a. in connection with the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to 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: CNA74858XX (1-15) Page 2 of 18 CONTINENTAL CASUALTY COMPANY Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6024504483 Endorsement No: 1 Effective Date: 04/01/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. --aiiiiiiiii -!!!!!!!!! ----= CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 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 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 lnsured'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 b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 6024504483 Page 3 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 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 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. 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 lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'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 15 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 d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 CONTINENTAL CASUALTY COMPANY Insured Name: THE KLEINFELDER GROUP, INC. Policy No: 6024504483 Endorsement No: 1 Effective Date: 04/01/2017 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 but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work. 5. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 6024504483 Page 5 of 18 Endorsement No: 1 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiii ----- = CNA 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 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 lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ill. 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 is required by written CNA75079XX (1-15) Policy No: 6024504483 Page 1 of2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights ReseNed. Includes copyrighted material of Insurance SeNices Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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. CNA75079XX (1-15) Policy No: 6024504483 Page 2 of2 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 04/01/2017 Insured Name: THE KLEINFELDER GROUP' INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement I 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. 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. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement No: 25; Page: 1 of 1 Endorsement Expiration Date: Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. Policy No: WC 6 24362247 Policy Effective Date: 04/01/2017 Policy Page: 199 of 301 TRAN1476 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (KLEINFELER-SIMON WONG ENGINEERING) This Amendment No. 2 is entered into and effective as of the 13~ day of ~~"2 :& r' , 201i_, extending and amending the agreement dated September 29, 2016, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder-Simon Wong Engineering, a California corporation, ("Contractor") ( collectively, the "Parties") for as-needed horizontal construction management and inspection services. RECITALS A. On May 24, 2017, the Parties executed Amendment No. 1 to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000), and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one ( 1) year ending on September 29 2018, on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 TRAN1476 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KLEINFELDER-SIMON WONG ENGINEER NG, a California corporation By: By,udLltJJ~ (sign here) D fl\ 0 V 0. Y') ,b \J. n !('0-.-J ~ ,t l <,e_ "1"' CA. r '-'\ (print name/title) "-J CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: /s!-c C::;:;.L-Ct~ eputy City Attorney City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRoDucER Risk Strate~es Company CONTACT Risk Strateqies Company NAME: 2040 Main treet, Suite 450 ;f,gN:o Erl\· 949-242-9240 I FAX Irvine, CA 92614 IA/C Nol: E-MAIL · syouna@risk-strateqies.com ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Continental Insurance Comoanv 35289 The Kleinfelder Group, Inc. INSURER c: American Casualtv Companv of Readinq, PA 20427 tSee Attached Named Insured Schedule) 50 West C Street, Suite 1200 INSURER 0: Llovd's Svndicate 2001-Amlin AIIN #: AA 1128001 San Diego, CA 92101 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 35390667 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ~315g~ (~~hl%~ LTR ,.,~n »Mn POLICY NUMBER LIMITS A J_ COMMERCIAL GENERAL LIABILITY / 6024504483 4/1/2017 · 4/1/2018 EACH OCCURRENCE $ $1,000,000 [] CLAIMS-MADE [Z] OCCUR DAMAlSE TO Kt:NTED ,_ PREMISES (Ea occurrence\ $ $100,000 MED EXP (Any one person) $ $15,000 ,_ PERSONAL & ADV INJURY $ $1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 Fl 0PRO-DLOC PRODUCTS -COMP/OP AGG $ $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 6024504466 4/1/2017 4/1/2018 (E~~~~d~~ir'NGLE LIMIT $ $1,000 000 -J_ ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ ,_ AUTOS ONLY -AUTOS J_ HIRED _L NON-OWNED ;fe,~~~c~t?AMAGE $ AUTOS ONLY AUTOS ONLY $ B J_ UMBRELLA LIAB HOCCUR 6024191497 4/1/2017 4/1/2018 EACH OCCURRENCE $ $1,000 000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ $1,000,000 / DED I / I RETENTION$10,000 $ C WORKERS COMPENSATION 6024362247 (AOS) 4/1/2017 4/1/2018 I PER I I OTH-/ STATUTE ER AND EMPLOYERS' LIABILITY Y/N 6024362233 (CA) 4/1/2017 4/1/2018 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $1,000,000 D Professional Liability & LDUSA1703212 4/1/2017 4/1/2018 Each Claim: $1,000,000 Contractor's Pollution Liability Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Job No. 20161803, El Camino Real Bridge Widening. City of Carlsbad and CMWD are named as additional insureds and primary/non-contributory clause applies to the general liability policy - see attached endorsement. Umbrella Liability follows form to the general, auto and employer's liability policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contract Department ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave_ Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE /' /' 7--l d,d /. ,::-,;," .,5 LAA---::---J.,,:..---.. ,v / .-··. I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved . ./ ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 35390667 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young I 5/1/2017 2,57,50 PM (PDT) I Page 1 of 4 . ' . . . ' ·. -jN~y~:f:I:!:~~:? _. T~ ,J!§L,lsJ:~LDER GROUP, INCi . CERT HOWER.NAME: · clty ;i c~r1sbad cbntract be ·arfment . . ........ P (Continued from Page 1) Named Insureds: The Kleinfelder Group, Inc. Kleinfelder, Inc. Kleinfelder Associates Trinity Engineering Testing Corporation ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. Kleinfelder West, Inc. Kleinfelder Central, Inc. GeoSystems Engineering, Inc. Kleinfelder Engineering, P.C. Kleinfelder Southeast, Inc. S EA Consultants, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder Oklahoma 200, LLC Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Nodarse-Kleinfelder A Joint Venture LLC Kleinfelder Guam 101, LLC Kleinfelder Utah 100, LLC Kleinfelder Colorado 100, LLC Kleinfelder Kansas 100, LLC Kleinfelder International, Inc. Kleinfelder Australia Pty Ltd. LPG Environmental & Permitting Services, Inc. Buys and Associates, Inc. Kleinfelder Northeast, Inc. Kleinfelder New Mexico 100, LLC Kleinfelder Canada, Inc. Kleinfelder Drilling, Inc. Corrigan Consulting, Inc. Simon Wong Engineering, Inc. Omni Environmental, LLC A-1 Surveying OEI Consultants, Inc. Red Dog Technical Services, Inc. Hood Technical Services, Inc. Hood Resources Corp. 927278 Alberta Ltd. 943739 Alberta Ltd o/a Hood Engineering 9437 43 Alberta Ltd. 950347 Alberta Ltd. o/a Hood Tech 1833383 Alberta Ltd. 35390667 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) •standard Limits I Sherry Young I 5/1/2017 2, 57, so PM (PDT) I Page 2 of 4 Named Insured: The Kleinfelder Group, Inc. ,/ Policy Number: 6024504483 Effective Date 41112017 Tbe following policy language is an excerpt from Jlalley forge Insurance Company Commercial General Liability Coverage: This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers. takes effect on the effective date of said Policy at the hour stated in said Policy. unless another effective date is shown below. and expires concurrently with said Policy. AflP.ITl@A(lijSURE£lS a. WHD IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Caverage Part under a written contract or written agreement provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Caverage Part: and (2) was executed prior to: (a) the bodily injury or property damage; or (bl the offense that caused the personal and advertising injury. for which such additional insured seeks coverage. h. However. subject always ta the terms and conditions of this policy. including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement or (2) coverage broader than required by such contract or agreement and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. Engineers, Architects or Surveyors Engaged By Yau An architect engineer or surveyor engaged by the Named Insured, but only with respect ta 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 conn.ection with the Named lnsured's premises; or b. in th~ performa~ce of th~ Named lnsurels ongoing ~perations. 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 . . Le~sor of Eql.llp_lllEO! 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 the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. Less.or of flremises 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 fur such additional insured. ~ate or Governmlllltal Agency or Subdivision or Patiticai Subdivisions:_ Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect ta 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 awns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection. or removal of advertising signs, awnings, canopies, cellar entrances, coal holes. driveways, manholes, marquees. hoistaway openings. sidewalk vaults, street banners. or decorations and similar exposures: or b. the construction, erection. or removal of elevators: or c. the ownership, maintenance or use of any elevators covered by this insurance: or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a 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 _ . . . ... .. . _ p~r_mitthat requires the ~~m~d,ln~!lf~dtp_aJd the goy~rmn~ntal entity as an .additional insured. !Q~[TIDI_IAL l~SUREB -PRIMARY AND NDN-CDNTRIBIJTDRY TDADDITIDNAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL llENERAL 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 ta an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. Far the purpose of this Provision 2., the additional insured's own insurance means insurance an 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. f;:~ij~EAL A[jGREGATELIMITS llFINSURANtE -PERLtici\iiaN A. A separate Location General Aggregate Limit. equal to the amount of the General Aggregate Limit is the most the Insurer will pay for the sum of: B. All: I. All damages under Coverage A. except damages because of bodily injury or property damage included in the products-completed operations hazard: and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate limit shown in the Declarations, nor the Location General Aggregate limit of a·ny other location. 1. Damages under Coverage B. regardless of the number of locations involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location. except damages because of bodily injury or property damage included in the products-completed operations hazard: and 3. Medical expenses under Caverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate limit shown in the Declarations. C. For the purpose of this llENERAL AllllREllATE LIMITS DF INSURANCE-PER LOCATION Provision. "location" means: I. a premises the Named Insured owns or rents: or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints. designs. specifications or timetables, the location will still be deemed to be the same location. 35390667 I 17-18 GL-AU-UL-WC-PL ($lm/$lm) *Standard Limits I Sherry Young I S/1/2017 2,57,50 PM (PDT) I Page 3 of 4 For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence. for Damage To Premises Rented To You and for Medical Expense continue to apply. but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided. any payments for damages because of bodUy injury or property damage included in the products- completed operations hazard. regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations . ... ... . _ F, The provisions o.f LIJ,1.!I~ DF INSURflN_CEnot otherwise modified by this GENERAL AGGREGATE LIMITS DF INSURANCE-PER LOCATION Provision shall continue to apply as stipulated. GENERAl AIIBREGA TE LIMITS IlF JNSURANCE -PER PRDJEcr I. For each single construction or service project away from premises the Named Insured owns or rents. a separate Project General Aggregate Limit equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum at. A. all damages under Coverage A. except damages because of bodily injury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduc£ the General Aggregate Limit shown in the Declarations. nor the Project General Aggregate Limit applicable to any other project. II. All; A. damages under Coverage [ regardless of the number of locations or projects involved; B. damages under Coverage A. caused by occurrences which cannot be attributed solely to ongoing operations at a single project except damages because of bodily injury or property damage included in the products-completed operations hazard; and C. medical expenses under Coverage C. caused by accidents which cannot be attributed solely to ongoing operations at a single project will reduce the General Aggregate Limit shown in the Declarations. Ill. The limits shown in the Declarations for Each Occurrence. for Damage To Premises Rented To You and for Medical Expense continue to apply. but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations. depending on whether the occurrence can be attributed solely to ongoing operations at a particular projeci. IV. When coverage for liability arising out of the products-completed operations hazard is provided. any payments for damages because of bodily injury or property damage included in the products- completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted. or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. WAIVER DF &IJBRil~'llilN-BLliQ Under CONDITIONS. the condition entitled Transfer Df Rights Df Recovery Against Others To Us is amended to add the following: The ln~~(e_(Waives any right of recovery the lns_urer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of. 1. the Named lnsured's ongoing operations; or' 2. yourvinrkincludalin the products-c_ornpleted 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 . ?, _111.a_s_e~ec.utedJri~rto the bodily injury. property damage or personal and advertising injury giving rise to the claim. S~PA.MI!~N QF IN~µR~Q~ Except with respect to the Limits of Insurance. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured. this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. NDIICE DF CANCE!lATIDN: In the event of canceilation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims). we agree to mail prior written notice of cancellation or material change to the Certificate Holder 30 Days advance notice. (Form G-15ll5A Ed. lD/89) All other terms and conditions of the Policy remain unchanged. 35390667 I 17-18 GL-AU-UL-WC-PL ($1m/$1m) •Standard Limits I Sherry Young I S/1/2017 2,57,50 PM (PDT) I Page 4 of 4 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 5 2017 PAVEMENT OVERLAY PROJECT, PROJECT NO. 6001 -17 TRAN1476 This 5th Project Task Description and Fee Allotment, is entered into on c)\L\c{ ?i:,D '2:0\. � , pursuant to an Agreement between Kleinfelder -Sihlon Wong Engineering ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONSContractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad" for the 2017 Pavement Overlay Project, (the "Project"). The Project services shall include construction management, contract administration, and inspection of all remaining contract work. 2.PROGRESS ANO COMPLETIONContractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 10 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 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 CONTRACTORContractor'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 basis. Appendix "A", attached,prepared by Contractor and reviewed by City, shows the parties' intent as to the elements,scope and extent of the task groups. Contractor acknowledges that performance of anyand all tasks by the Contractor constitutes acknowledgment by Contractor that such tasksare 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $122,560. 4.PREVAILING WAGE RATESAny construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. City Attorney Approved Version 8/3/16 TRAN1476 Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT 2017 Pavement Overlay Project TASK GROUP Rate Proiect Manaqer $192.00/hr Senior Inspector $148.00/hr Senior Inspector (overtime) $178.00/hr TOTAL (Not-to-Exceed) s gn here) ti:Z:,,.�,e.. Vice P�idef\.+(print nae/title� Hours TIME & MATERIALS 80 $15,360 580 $85,840 120 $21,360 $122,560 (sign here) 1),t DD r0-.h /:l l,l"\-�ft'-6JLu� t0cr ;:j (print nambttitle) 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Ke�anager Date: �/z e, I Ir---,--,------ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:____.�___,�-�""""'-"��-Deputy City Attorney City Attorney Approved Version 8/3/16 2 � ( KLEINFELDER lV/\Vl � Simon Woog Englneerlng KLEINFELDERISIMON WONG ENGINEERING SCOPE OF ENGINEERING SERVICES PROJECT: CLIENT: DATE: 2017 Pavement Overlay Project (Project No. 6001-17OL) City of Carlsbad April 11, 2017 PROJECT DESCRIPTION Appendix A The project consists cold milling and overlaying portions of El Camino Real, Anillo Way and Madrilena Way in the City of Carlsbad. These contract work includes the following: •Public notification •HMA mix design •Traffic control •Cold mill and overlay - 2" •Raise utilities to grade •Traffic signal detector loops •Striping/pavement markers CONSTRUCTION MANAGEMENT AND ADMINISTRATION Task 1.1 Review PS&E and Prepare Files The Project Inspector will review the PS&E, permits and other job-related information to gain a thorough understanding of the work involved prior to the preconstruction meeting. Any issues found during the review that may lead to a change order or RFI will be recorded in a comment review form and include a suggested course of action for discussion with the City. The goal is to take the necessary proactive steps to avoid impacts to the schedule or budget of the project. We will also implement the Caltrans Construction Manual for record keeping procedures and document filing. Task 1.2 Conduct Preconstruction Meeting SWE will prepare for and conduct a preconstruction meeting. Topics will include items such as safety, traffic handling and detours, construction methods, labor compliance, utilities, and submittals. Attendees will include SWE, City of Carlsbad Construction Management and Inspection staff, Traffic Department personnel, the General Contractor, and any affected utility companies. SWE will prepare a sign-in sheet and minutes of the meeting. Task 1.3 Perform Construction Management and Administration SWE will assist the City's Construction Manager in providing construction management and administration necessary for the Project to assure contract compliance. The following is a brief description of some of the major aspects of this work: •Submittals: SWE's Project Inspector will receive, log, review, and respond to all projectsubmittals, as well as coordinate with the City and Project Designer if necessary. Criticalsubmittals include baseline schedule, traffic control plans, and asphalt concrete mix designs. •Baseline Schedule: SWE's Project Inspector and Project Manager will review the baselineschedule submitted by the Contractor and respond accordingly. If the schedule is not 3 Appendix A � ( KLEINFELDER JV/\\/1\ � Simon Wong Engineering approved, we will work with the Contractor to assist in providing an approvable schedule. We understand the importance of having an approved schedule at the beginning of the job in order to have a clear understanding of the upcoming work as well as to always know what activities are on the critical path of the project. SWE will review the monthly schedule updates and focus on areas that may impact the critical path. •Project Meetings: SWE's Project Inspector will coordinate meetings with the Contractor and the City of Carlsbad on a weekly basis or as necessary. The purpose of these meetings willbe to discuss upcoming work, project issues, and overall project status. Each meeting willhave an agenda in order to provide a platform for efficient dialogue. One of the goals of thesemeetings will be to identify potential conflicts at the earliest possible stage so they may beresolved without impacting the schedule. SWE will produce written minutes, which will bemaintained in the project files. •Requests for Information: All Contractor Requests for Information will be logged andreviewed by our Project Inspector. Responses will be timely and in accordance with allcontract documents as specified in section 2.5.1 of the General Provisions. We will workclosely with the Contractor and City of Carlsbad staff to keep the project moving forward. •Progress Payments: SWE will develop monthly pay estimates for the work completed by theContractor. Prior to completing the monthly estimate, SWE will meet with the Contractor tofinalize the payment quantities for the appropriate bid items. SWE will submit the monthly pay estimates to the City of Carlsbad for review and process by the specified due date. •Change Orders: We will make every effort to complete the project without contract change orders. However when required, our inspector will provide pertinent information regarding thenecessity for the change, effected quantities, and other information to assist in the successfulnegotiation and execution of contract change orders. Project staff will investigate and analyzedifferent options for solving issues and seek to achieve the best solution possible for the City of Carlsbad. Our understanding is that Carlsbad's CM will write the change orders withassistance and information provided by our inspector. As with all contract work, we willmaintain complete records of all change order work to ensure accurate and complete paymentand avoid potential claim situations. •Photo Documentation: SWE will document the job site existing conditions with complete andcomprehensive job-site photos prior to construction. This will include any features that theplans identify to "remain in place," or any facility the contractor is obligated to "protect inplace." During the remaining construction activities, progress photos will be taken at frequentdurations during the project also. SWE is aware that documentation is often needed to defendagainst contractor claims of pre-existing damage to an existing facility. Photos will be dated,labeled, and logged for easy retrieval. •As-Built Drawings: SWE will maintain redline As-Built Markup Plans during the progress ofthe project. SWE will provide the City of Carlsbad with the redlined markups maintainedduring the course of the project that can be utilized in the preparation of final "As-Built Plans"upon completion of the project. •Files: The Project Inspector will maintain a complete set of project files. Files will be kept current at all times and will be set up in accordance with the Caltrans filing system. The fileswill be able to pass a State and Federal audit at any point during the construction. This workincludes logging the Contractor's certified payroll. Task 1.4 Perform Field Inspection and Documentation SWE will perform all field inspection and documentation required for the project. The following highlights a few key components of this work: 4 Appendix A /VI\\(\ Simon Wong E'nglne<lring •Inspection: SWE will monitor all construction activity on the project site and performbenchmark, part-time or full-time inspection depending on the operation and our budget. SWEwill ensure that the Contractor's work crew is consistently operating in accordance with thegoverning safety practices, and assure that the project is being constructed in accordance with the project plans and specifications. Proactive inspection is practiced to catch errors at theearliest possible stage before they affect the budget or schedule. SWE prides itself indeveloping a good working relationship with the Contractor. This benefits all parties and helps assure a successful project. •Public Interface: The Project Inspector will also serve as the main points of contact on behalfof the City in dealing with any questions or issues that arise with both private residents andcommercial businesses. The Project Inspector will ensure that the contractor provides the public notifications required in the contract, and will work proactively with the contractor andthe public in resolving issues at the project level to a great a degree as possible. Please see our detailed Fee Proposal for information on how our inspection hours weredeveloped. •Materials Sampling and Testing: SWE will coordinate with the City's on-call/as-neededtesting firm to meet the Project's testing requirements. Our Project Inspector will verify that the contractor performs and achieves passing results for all required materials testing. •Documentation: Daily construction diaries will be written to document progress by the Contractor, the workforce, and items inspected. A daily diary will also be written to documentimportant conversations and events. The Project Inspector will prepare the weekly statementof working days, progress payments, and contract change orders. •Punch list: A punch list will be provided to the Contractor to outline any remaining worknecessary to accept the field work. The Project Inspector will work closely with the Contractorthroughout the job to assure no major items of work or deficiencies remain when it comes timeto prepare a punch list. Task 1.5 Complete Final Reports and Closeout Job Files SWE's Project Inspector will assist the City's Construction Manager by providing information for any necessary Report of Completion, which may include a project summary, photos, a final detailed estimate, and as-built drawings. Job files will be finalized and the original job files will be boxed and delivered to the City of Carlsbad by our Project Inspector. 5 QNFELDE� �-Bright People. Right Solutions. CERTIFICATE OF ASSISTANT SECRETARY I hereby certify that I am the duly elected and acting Assistant Secretary of Kleinfelder, Inc., a California corporation duly organized, validly existing and in good standing, and that the following is a true, accurate transcript of a resolution duly, validly and lawfully adopted on March 20, 2017 by the Board of Directors of said corporation acting in accordance with the laws of the station of incorporation: "RESOLVED, that the Corporation ratifies the Signature Authority Policy with respect to the execution, on behalf of the Corporation, of legal documents by individuals;" The undersigned further certifies that (a) the foregoing resolution has not been rescinded, modified or repealed in any manner, is not in conflict with any agreement of said Corporation and is in full force and effect as of the date of this Certificate and (b) that Deborah Butera is a Secretary of the Corporation and is granted all rights afforded her position pursuant to the Signature Authority Policy, including the right to execute contracts on behalf of the Corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name of said corporation this 31st day of March 2017. �c>?:� Carl Lowman, Assistant Secretary KLEINFELDER 550WestCStreetSuitel200 pj619.831.4600 fj619.232.!039 TRAN1476 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 4 EL CAMINO REAL PROJECT CLOSE-OUT SERVICES, PROJECT NO. 3957 and Fee Allotment, is entered into on .,....,--...,.,..,__."-"'_,_,.~=----f-1-r-7"!<::bo''+-~-----:-::--=----' pursuant to an Agreement between Kleinfelder -Simon W n ng1neering ("Contractor") and the City of Carlsbad, ("City") dated September 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad" for the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, (the "Project"). The Project services shall include construction management, contract administration, and inspection of all remaining contract work. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 10 working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within 120 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 basis. Appendix "A", attached, prepared by Contractor and reviewed by City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $87,552. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state City Attorney Approved Version 8/3/16 TRAN1476 prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES EL CAMINO REAL ROAD WIDENING PROJECT, PROJECT NO. 3957 TASK GROUP Rate Hours TIME & MATERIALS Construction Manager $160.00/hr 192 $30,720 Civil Inspector $148.00/hr 384 $56,832 TOTAL (Not-to-Exceed) $87,552 CONTRACTOR ~\1(\flfe.\®f ~S\ 11\of\ Wo~ C[~, \J®..(d\c ~~of'e._\0&_ ( -S't rf\o(\ \0Df\\ ~I ~e_e.n C\Ci (/jnamefC== 'J ~ (name of~ v By By:~D~ ....... / (~ign here) -.-"------""'--=----:~ :s--:i-g n----:-he_r_e ):------ \ icc.. t'tes,'de-1\.±: l)JL'oo-rG\hJ:)\J.U.i'CLt6JLt'f;cTO..f\\ (print name/title) (print name/ti le) ~ If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column 8 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~~~~~L--- Deputy City Attorney Date: (pI'/ If= City Attorney Approved Version 8/3/16 2 Role Project • Manager • • • • • Senior • Inspector • • • • • • • ESTIMATE OF FEES•see Note City of Carlsbad KleinfelderiSimon Wong Engineering Tasks Negotiate, develop and execute remaining CCOs Develop scope and fee for repatriation work Provide oversight for punchlist completion Finalize project records Finalize as-built drawings Prepare files for transfer to city staff Oversee punch list process Compile final CM as-built drawings Inspection for plant establishment Inspect repatriation work Prepare final estimate Complete project documentation Complete project as-built drawings Assist with project records closeout Exhibit A Hours Rate Total 192 $160 $30,720 384 $148 $56,832 Total (not to $87,552 exceed): Notes: Inspection hours combined with construction management and administrative duties are based on an 8-hr shift. This budget is based on straight-time prevailing wage, with no overtime considered. Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. Exhibit A ESTIMATE Of fEES*See Note City of Carlsbad El Camino Real Widening -Project Closeout KleinfelderiSimon Wong Engineering ----- D CLASS/FICA TION Project Constr. Civil Manager Manager Inspector TASK: Inspection Services I RATE: $185.00 $160.00 $148.00 1.1 Project Closeout 0 192 384 $87,552.00 r----~··· -· -~---~ - ·------ -··- ~OTALS: I I I lcM & Inspection Services II 0 I 192 I 384 I 0 I 0 II $87,552.0~ -... --~ .. ~------- Notes: Inspection hours combined with construction management and administrative duties are based on an 8-hr shift. This budget is based on straight-time prevailing wage, with no overtime considered. Additional effort in the form of longer shifts requiring overtime, or extra days required on either project due to issues such as problems with the contract documents, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations, are not considered in this estimate, and may require an amendment to this estimated budget. KleinfelderiSimon Wong Engineering 4/17/2017 !Iliac h rr1 errJ A 3 TRAN1476 AMENDMENT NO. 1 TO MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES KLEINFELDER -SIMON WONG ENGINEERING This ndment No.1 is entered into and effective as of the ~ay of -----L......:.----\~~~------' 20...[2L amending the agreement dated September 29, 2016 (the "Agreement") b and between the City of Carlsbad, a municipal corporation, ("City"), and KLEINFELDER-S ON WONG ENGINEERING, ("Contractor") (collectively, the "Parties") for as-needed construction management and inspection services for civil engineering/horizontal projects. RECITALS A. The Parties desire to alter the Agreement's original scope of work to reduce the annual dollar amount of the Agreement by three hundred thousand dollars ($300,000) for a revised Agreement amount of five hundred thousand dollars ($500,000) and reduce subsequent extensions per the original Agreement by three hundred thousand dollars ($300,000); and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed five hundred thousand dollars ($500,000). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed five hundred thousand dollars ($500,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by September 29, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 9/27/16 1 TRAN1476 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: ~~~~~ (Si~ /. ~ Barbara Engleson I City C~ Ca.v-l :::D. Low¥YlllM.. 1 Ass/r. Se~yq (print name/title) ..J If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ----t=-~-=="-""""'L-.~_,~_L__,~~· --=t::J--- Deputy City Attorney City Attorney Approved Version 9/27/16 2 Exhibit A EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. City Attorney Approved Version 9/27/16 3 ~ KLEINFELDER '--" llli!IM-119 .. - 2016 lliUJNG RATES ClTV OF CARlSBAD Exhibit A AS•NE£0£0 HOR1ZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES I Field Stilffii'IC Po$itic:ln l:Pro]!Kt Mana~r :Safetv lospector fCon$truttiCn Mil na.ger :Schedule Engineer fREtsident Enginear [Senior Inspector Office E~neer :Stru~ Representative :spec:lallnspe.::tor Materials Tester'" Mab!rlals Testing Engineer• Field Staffing Position (NON-JJREVAIUNG WAGE) SUiiiJht IIITie Overtime bte 1$/Hr Range) (S/HR Rai!ICel $192 $192 $120 $155 $120 $155 $165 $100 $165 $190 $110 $168 $110 $168 $138 $1&5 $138 $185 $112 118 $85 $143 $85 $143 $133 $156 $133 $156 $128 $143 $156 $175 $59 $97 $89 $146 Slim $1!Kl I PREVAILING WAGE) $120 ""~i!§~ "' $110 $138 $138 S&S $133 Oouble Time bte CS/ttR Ril'llel $192: $120 $155 $165 $190 $110 $168 $138 $185 $149 $210 $85 $143 $133 $156 $185 $207 $119 $1911 Sl!Kl $133 $156 $268 $326 $180 City Attorney Approved Version 9/27/16 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) on April 25, 2017 before me, Terri London, Notary Public (insert name and title of the officer) personally appeared Marc Mcintyre , who proved to me on the basis of satisfactory evidence to be the person~whose name.£sr®-ere- subscribed to the within instrument and acknowledged to me tha~y executed the same in 4Jltlber/their authorized capacity.(ieSf, and that bydii)/herAReir signature(s) on the instrument the perso~. or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 'a· TERRI LYNN LONDON] Si ·.~~: Commission No.2148247 A If :e· ../ NQT/,RY PUBLIC-cALIFORNIA £! I ' .. SAN DIEGO COUNTY " ~v Somm Exp1res APRIL 2, 2020 (Seal) Signature--~--·.;__ _______ _ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On April 24, 2017 before me, Sherry Balmer, Notary Public (insert name and title of the officer) personally appeared _C_a_r_I_D_._L_o_w_m_a_n _________________ _____, __ who proved to me on the basis of satisfactory evidence to be the person.ksfwhose name~ subscribed to the within instrument and acknowled ed to me that@~shelth6ly executed the same in ~ertt~~authorized capacity~and that by 1s · signatu~ the instrument the person (Jr. or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,. .. IO.Itlllt ll.lll lltlllt(GI 1:1 II 11 I I I II II .·>"''.\:~!/t~,.. S. BALMER 1 u -~'<•;:~·:\Y!.t\,,:.,:~ Commission No. 2040055 z (.) % .... ., ·} .,.,., 0 z '': .~._j . ' NOTARY f'~BLIC-CALIFORNIA ~ · "''\> •·. SM-J DIFUl COUNTY ~:~:.:~.':=.:.:~.:~MBE~01~.:~ (Seal) TRAN1476 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.2 PROJECT NO. 4080-2 (BARRIO ADA IMPROVEMENTS -PHASE 2) This se~d. Project Task Description and Fee Allotment, is entered into on ni.J \ ICl , Wl J , pursuant to an Agreement between, Kleinfelder SimOn Wong Engineering ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad". The Project services shall include construction management, contract administration, and inspection of all public improvements being constructed as part of the Barrio ADA/Pedestrian Improvements-Phase 2, Project No. 4080-2. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred twenty (120) 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 basis. Additional task groups, not shown in Table 1 will be performed by the Contractor only upon authorization of the City 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 then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $22,644. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said City Attorney Approved Version 8/3/16 specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. TABLE 1 FEE ALLOTMENT CONSTRUCTION MANAGEMENT & INSPECTION SERVICES BARRIO ADA IMPROVEMENTS -PHASE 2, PROJECT NO. 4080-2 TASK GROUP Hours Pre-Construction Activities 15 Inspection & Management 118 Project close-out 20 TOTAL {Not-to-Exceed) CONTRACTOR KLEINFELDER-SIMON WONG ENGINEERING, a California corporation • Hourly TIME & MATERIALS FEE Rate $148.00 $2,220 $148.00 $17,464 $148.00 $2,960 $22,644 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. AD, a municipal corporation of the State of California By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __ ~~~~~~~~~~-- Deputy City Attorney Date: tf I·~ ' !7 City Attorney Approved Version 8/3/16 2 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO.1 PROJECT NO. 3957 TRAN1476 and Fee Allotment, is entered into on _......,:.:.._.~-~,~:::::f.-,;~~~~~~~-=.,.,-::---' pursuant to an Agreement between Kleinfelder-S1mon ong En neering, ("Contractor") and the City of Carlsbad, ("City") dated Sept. 29, 2016, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction management and inspection services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated Oct. 12, 2016, ("proposal"), attached as Appendix "A" for the El Camino Real Road Widening, Tamarack Avenue to Chestnut Avenue, (the "Project"). The Project services shall include construction management and inspection. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within 1 working day after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) 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 City, 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 the City 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 the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $99,061. City Attorney Approved Version 8/3/16 TRAN1476 4. PREVAILING WAGE RATES Ill /II /II /II /II /II /II /II /II /II /II /II /II Ill /II /II /II /II /II Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 8/3/16 2 TRAN1476 TABLE 1 FEE ALLOTMENT EL CAMINO REAL ROAD WIDENING, TAMARACK AVE. TO CHESTNUT AVE. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROJECT NO. 3957 TASK GROUP Resident Engineer Senior Inspector Schedule/Claims Engineer Contingency TOTAL (Not-to-Exceed) CONTRACTOR KLEIN FELDER-SIMON WONG ENGINEERING, a California corporation (name of C r) ( ign ere) Gr<.bf;jt-:r, Ytt \Sc"' 9ros\c\iUW~ lt.o (print namehitle) TIME & MATERIALS $52,480 $23,680 $13,895 $ 9,006 $99,061 KLEINFELDER-SIMON WONG ENG IN 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. unicipal corporation of the State of California By: Date: ·\"2-j f? J 1(,... ----~~~---------- APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: (kccc.{. ~ ' Deputy City Attorney City Attorney Approved Version 8/3/16 3 TRAN1476 APPENDIX "A" Tasks Hours Rate Total Resident Engineer Finalize project records 328 $160 $52,480 Negotiate outstanding items • Overhead rate • Compensable time • Wall B excavation Develop and execute remaining CCOs Prepare files for transfer to city staff Senior Inspector Oversee punch list process 160 $148 $23,680 Compile final CM as-builts Assist with project records closeout Schedule/Claims Support during determination & 80 $173.69 $13,895 Engineer negotiation of final compensable delay and associated overhead rates Conting_ency $9,006 Total (not to exceed): $99,061 City Attorney Approved Version 8/3/16 4 , .... MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES {KLEINFELDER-SIMON WONG ENGINEERING} THIS AGREEMENT is made and entered into as of the ~ day of ~( ~\D~ 20...11...e by and between the CITY OF CARLSBAD, a municipal corporatifl. hereinafte> referred to as "City", and KLEINFELDER -SIMON WONG ENGINEERING, a California Corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering firm that is experienced in inspection and construction management for civil engineering/horizontal projects. B. Contractor has the necessary experience in providing professional services and advice related to inspection and construction management of private as well as municipal projects. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 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 one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten ( 1 0) days after receipt of notification to proceed by City 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 City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director 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 City City Attorney Approved Version 6/9/15 inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed eight hundred thousand dollars ($800,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed eight hundred thousand dollars ($800,000) per Agreement year. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct 2 City Attorney Approved Version 6/9/15 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 City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating 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 Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1. 2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 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. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 3 City Attorney Approved Version 6/9/15 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City 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 City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: ~~~~;· 11:L;t;t l~r~ ~a For Contractor: Name Henry Gentile tXre..c/ti(.Jitle ProJect Manager 4 City Attorney Approved Version 6/9/15 Dept CITY OF CARLSBAD Address 2!3S hr'LL::\ ftvL cl skA-A C--14 ao o? Phone :llR o . & 0 A. · c;l-3-S" I Address 5761 Copley DrlVe Suite 100, San Diego, CA 92111 Phone 858-223-8500 Email hgenti le@kl ei nfe 1 der. 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 four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of 5 City Attorney Approved Version 6/9/15 work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 6 City Attorney Approved Version 6/9/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this l \ ;--V\ day of PtUIJ U.S-\-, 20~. CONTRA fOR By ~h' //·£ / · #lt-0//&_/~~- (sign here t~//er~d~Ue~ (print name/title) ~.I/? ~~-iii~-' (sign ere) Ca..t"'( D · LoW ~1 CFo (print name/title) I CITY OF CARLSBAD, a municipal corporation of the State of California By:~ PERSON AUTHORIZED TO SIGN f€1tr.,..,Mr=a-=-na::-:g=e=r =or,... Mayor GF DivisieFI Director as authorized by the City Manager)] ATTEST: City Clerk 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~L~~ Assistant City Attorney R-!1t!J MASTER AGREEMENT FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (KLEINFELDER-SIMON WONG ENGINEERING) 7 City Attorney Approved Version 6/9/15 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed horizontal construction management and inspection services in accordance with the city's Request for Qualifications with Fee Proposal dated April 20, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto . Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 1 0°/o. 8 City Attorney Approved Version 6/9/15 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 'S~C\ \)\~o ) On ~~ +-1 1\ 'ZD\ lo before me, <fl I\ Pr.~R-~1 \.,\d)n..S\J 9..ili \1 '-, Date \....,.. Here Insert Name and Title of th fficer personally appeared C' 't->t..~ fl\QUi: ~ ~("' \ \::) • \..0 \..() ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) $/are subscribed to the within instrument and acknowledged to me that J:lai.i,be/they executed the same in hferhef/their authorized capacity(ies), and that by hWRQr:ttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above z z ~ ------------------------------OPTIONAL----------------------------- Though this section is 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: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ [J Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ x:x:x;;<:~~~'<:;;z;<:::<.;-c<:;c<:;cz'C(:,,~~'CV~~~~'CV~'<~:::q::-'Jcz.;-cz;·cz,~~~~~'CV~ ©2015 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907