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HomeMy WebLinkAboutKleinfelder Inc; 2015-07-29; TRAN1244AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. TRAN1244 is entered into and effective as of the / '74-i day of _ ___:::,,,. __ .._.__.._,"""'"" __________ , 2019, extending the agreement dated Ju~15, (the "Agreement" IJ and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder Inc., a California corporation ("Contractor") (collectively, the "Parties") for Professional Engineering Design Services. RECITALS A. On April 27, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a period of one (1) year; and B. On February 14, 2018, the parties executed Amendment No. 2 to the Agreement to alter the scope of work to provide additional design services in order to shift pedestrian bridge away from the existing bridge to provide a 25-foot separation and to extend the Agreement for a period of one (1) year; and C. The Parties desire to extend the Agreement for a period of two (2) years. 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 for a period of two (2) years ending on July 28, 2021. 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. I II I II I II Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 TRAN1244 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 (sign here) J}~fJ-4 k}~ 5Jpr ~ ------(-pr'---'in=----t-n_a_m_e_/....c,tit-le_) __ ~ CITY OF CARLSBAD, a municipal corporation of the State of California Mayor 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 City Attorney Approved Version 1 /30/13 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa.v'\ 't)i·e:~c> } On ,J'ul...'< Oct 1'(3.0l'1 before me, SAmA NTI-\ Date Here Insert Name and Ti le of the Officer personally appeared -------~I~:)E....._.l?)_.__._,.G~P.~'9_._\~::t~-B,~\ ~VI~-\=-~Y<--'A:~--------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to~ the person(sr¼hose name~(!§)'~ subscribed to the within instrument and acknowledged to me thaV,e~/trrey executed the same in l;lfs~thei( authorized capacity(i~, and that by .Af~tl}eir signature.(61' on the instrument the persoFl(s), or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -~-~~---------~---- SignatureofNota1ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2017 National Notary Association 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 ~("'\ "t>18c)C } On Su \ ..... 1 G'"J. ,YO i "\ before me,SA\'Y\A~J:\--\ \C+-S~"l..tf<-, NC,~ '-t ~\..Ji;;,Ll;.C. Date Here Insert Name and Title of the Officer personally appeared ---------~~_V"'l __ ·~~r_o_c._· ~ ___ Cl_(\~--------- Name(s) of Signer(s) --------------------------------------~---• who proved to me on the basis of satisfactory evidenc~ be the perso~ whose name6)@~ su!;!scribed to the within instrument and acknowJe.Q_ged to me thatCh.§)s~/tl'}ey executed the same i~/h:e1'/trreir authorized capacityti,es), and that b><._bis¥~r/t~r signatur~ on the instrument the perso~. or the entity upon behalf of which the person~acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---~-=---"-''---=---v===-'d-----,f---+---- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner - D Limited D General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ ~ I DATE(MM/0D/YYYY) ACC:,RC>9 CERTIFICATE OF LIABILITY INSURANCE ~ 04/17/2019 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 rffc. No.I: (800) 363-0105 Los An~eles CA office (A/C. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: LOS Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: National Fire Ins. Co. of Hartford 20478 The Kleinfelder GrouD, Inc INSURER B: The continental Insurance Company 35289 550 West C Street Suite 1200 American casualty co. of Reading PA 20427 San Diego CA 92101 USA INSURER C: INSURER D: Allied world surplus Lines Insurance Co 24319 INSURER E: INSURER F: 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 LrR TYPE OF INSURANCE INSD YNO POLICY NUMBER IMMIDDrm'Yl IMMIDD!Ym' LIMITS A X COMMERCIAL GENERAL LIABILITY y OU)75.D~)j U'I/U.l/LIJ19 IU'I/U.l/ LULU EACH OCCURRENCE $1,000,000 -:=J CLAIMS-MADE 0occuR Uf\lVll'\\.:JC 1 U HCN cu $1,000,000 PREMISES /Ea occurrence! ,--MED EXP (Any one person) $15,000 -PERSONAL & ADV INJURY $1,000,000 ,_ $2,000,000 GEN"L AGGREGATE LIMIT APPLIES PER· GENERAL AGGREGATE ~ 0PRO-0Loc $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER. B AUTOMOBILE LIABILITY y 6057515836 04/01/2019 04/01/2020 COMBINED SINGLE LIMIT $1,000,000 rea accident) -BODILY INJURY ( Per person) X ANY AUTO -OWNED -SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS --NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY ,--AUTOS ONLY Comp Deduct • $1 00 Coll Deduct -$1 00 B X UMBRELLA LIAB H OCCUR 6057123519 04/01/2019 04/01/2020 EACH OCCURRENCE $2,000,000 -AGGREGATE $2,000,000 EXCESS LIAB CLAIMS-MADE OED I X I RETENTION $10,000 C WORKERS COMPENSATION AND y WC657169108 04/01/2019 04/01/2020 XI PER I l~JH-EMPLOYERS' LIABILITY (CA) STATUTE YIN C ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ y WC657169111 04/01/2019 04/01/2020 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 D Env CPL/Prof PSDEF1900647 04/01/2019 04/01/2020 Each Claim $1,000,000 Claims-Made Policy Aggregate $1,000,000 SIR applies per policy ter ~s & condi ions DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarl<s 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 Liabilitb policies evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, ut only in accordance with the polic~•s provisions. A waiver of Subro~ation is ~ranted in favor of Certificate Holder in accordance with the policy ~revisions oft e workers' compensation po icy. Shou d General Liability and workers' com1ensation policies be cancelled efore the expiration date thereof, the policy provisions will govern how notice of cance lation may be delivered to certificate holders in accordance with the policy provisions. see Attached for complete List of Named Insureds. CERTIFICATE HOLDER CANCELLATION I l') u._ en <( ... CII 5 c CII !! ... CII "C 0 :I: "' 0 "' CX) "' "' "' ,,_ 0 0 ,,_ "' 0 z .s ca f.J ;;:: :e CII u -:i ~ ~ ~ ~ ~ -=~ ~ ..---------------r------------------,,~ City of carlsbad/CMWD Attn: Rhonda Heather 1635 Faraday Ave. Carlsbad CA 92008-7314 USA ACORD 25 (2016/03) 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. 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: 570075968205 CARRIER I NAIC CODE see certificate Number: 570075968205 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance 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 NAMED INSURED SCHEDULE 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 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 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 / o 1 /2019 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 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 structt1ral 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 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 / 01/2019 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 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 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 CNA74858XX (1-15) Page 4 of 18 NATIONAL FIRE INSURANCE OF HARTFORD Insured Name: THE KLEINFELDER GROUP' INC. Policy No: 6057 515853 Endorsement No: 1 Effective Date: 04 / 01 /2 o 19 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 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 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 / o 1 /2 o 19 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, 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 / o 1 /2 o 19 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 etANKET w.o.,veR ~F ~uR a1GH:r rro ~Ec~ie~ ~~.,, orroERs · , , I ~ """If "'' j' , 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-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: Policy No: WC 6 57169108 Policy Effective Date: 04/01/2019 Endorsement No: 4; Page: 1 of 1 Policy Page: 37 of 56 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 © Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement II 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. 1 1i:r~e~~:~E~~e~t~v: ;~i~~~ 98~~ --------~;dorsement Expiration Date: - ndorsement No: 23; Page: 1 of 1 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 57169111 Policy Effective Date: 04/01/2019 Policy Page: 207 of 324 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. TRAN1244 2 is entered into and effective as of the J lf±h day of ___,,_..,L2=;;::f..._L..l,....Jl._.b,l,,;il.:::l,,~"'r---' 20 I "8', extending and amending the agreement dated July 29, 2015, (the "Agreeme t") y and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinfelder, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Professional Engineering Design Services. RECITALS A. On April 27, 2017, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for a period of one year; and B. The Parties desire to alter the Agreement's scope of work to provide additional design services in order to shift pedestrian bridge away from the existing bridge to provide a 25- foot separation. This includes new lighting, removal of existing masonry walls, new masonry retaining/ sound walls with a locking gate, and new metal fences along the tops of channel slopes; and C. The Parties desire to extend the Agreement for a period of One (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in 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 seven hundred twenty- three thousand two hundred sixty-four dollars ($723,264). 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 Forty-Nine Thousand Eight Hundred Forty dollars ($49,840). 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 July 29, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 1 /30/13 TRAN1244 5. 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. 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 KLEINFELDER, INC., a Calif.·ornia corporation .\ ~ 1--.,/d / /(h 2 B~ . (s'@ii:here) Jol-\1--1 Moo~S:Al..~bo{ \j f' ' (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: \il(flcw,.trtl~!Jm_ 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 ~( /~ eputy City Attorney City Attorney Approved Version 1 /30/13 2 G,NFELDER ~ Bright Peopfe. Right SOlutfons. October 2, 2017 Brandon Miles, P.E., T.E. Associate Engineer Public Works -Transportation City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-AMENDMENT NO. 2 Dear Mr. Miles: Kleinfelder appreciates the opportunity to present our revised scope and fee for additional design services required for the new pedestrian bridge east of the Agua Hedionda Creek Bridge at El Camino Real and Cannon Road. Since our 50% submittal, we have improved our proposed construction plans by shifting the new pedestrian bridge away from the existing bridge to provide a 25-foot separation. This preferred bridge location would limit the existing overhead power and telecommunication lines to a single relocation, avoiding substantial utility relocation fees. Furthermore, this new location facilitates permanent future maintenance access to the underground 36-inch water main running along the edge of the existing bridge. It also provides a gentle 5% sidewalk grade leading up to the bridge which would be situated above the 100-year flood plain. This new bridge location will require substantial reworking of most of our civil and structural sheets, including redesign of the bridge abutments. The new scope includes removal of existing masonry walls, new masonry retaining/sound walls with a locking gate, and new metal fences along the tops of channel slopes. We have also added another subconsultant, Turpin & Rattan, to our team for city-requested bridge lighting. We propose to add a 75% PS&E delivery package to our overall scope to capture these revisions. We estimate our total cost for this 75% package at $58,970; however, we are reducing the hours we originally proposed for 90% and 100% PS&E, for a net proposed addendum of $49,840. The details of our revised scope and fee are attached. Please feel free to call if you have any questions. Sincerely, CS:kjg att. s~ annon, P.E. rincipal Professional 550 West C Street, Suite 1200, San Diego, CA 92101 p 1619.831.4600 f 1619.232.1039 EXHIBIT A KLEINFELDER, Inc. SCOPE OF ENGINEERING SERVICES-AMENDMENT NO. 2 PROJECT: EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 CITY OF CARLSBAD CLIENT: DATE: OCTOBER 2, 2017 The following sections represent modifications to Exhibit A of our original agreement dated July 29, 2015 and renewed on April 27, 2017 per Amendment No. 1. 1. PROJECT DESCRIPTION (replace paragraphs 3 and 4 with the following:) Based on Kleinfelder's Project Alternatives Report, 50% plans, substantial utility research, and subsequent discussions with the City of Carlsbad, the project improvements include widening the existing southwest cantilevered sidewalk to six feet, constructing a new 120-foot-long pedestrian bridge parallel to the northeast edge of the existing bridge, replacing the existing barrier rails and MBGR with Type 80 concrete barriers and crash systems, and sealing the cracked bridge deck with methacrylate. No other bridge rehabilitation or retrofit is included in this scope of services. To facilitate future access to a 36-inch water main running along the edge of the existing bridge, the new pedestrian bridge will be separated from the existing bridge by approximately 25 feet, and overhead utility lines will be relocated by others to the new bridge. Existing walls and fencing in conflict with the proposed pedestrian bridge location will be redesigned along new alignments. 2. SCOPE OF WORK 2.2. Investigation (Task 2.0) 2.2.2. Field Review and Investigation of Existing Site with City (Task 2.2) (add the following paragraph:) Kleinfelder will attend three additional site visits with select members of the project team, utility owners, and the City to perform a field review and investigation of the existing site during the PS&E phase of the project. 2.3. Engineering Services (Task 3.0) 2.3.4.1 50% Plans and Calculations (Task 3.4.1) (revise the above numbering and add the following Section 2.3.4.2:) 2.3.4.2 75% Plans and Calculations (Task 3.4.2) Kleinfelder will revise structure design calculations and plans based on project revisions since the 50% PS&E phase. The anticipated new and substantially revised project plan sheets for the 75% submittal are as follows: • General: • Staging Plans • Civil Plans: • Layout Plan and Profile • Grading and Drainage • Erosion Control Plans • Bridge Plans: • General Plan • Foundation Plan • Abutment 1 Layout • Abutment 2 Layout • Abutment Details Exhibit A -Kleinfelder Amended Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD -PROJECT NO. 6042 October 2, 2017 Pagel • Structure Plans (see scope description below) • Masonry Retaining Wall Details • Gate Details • Fence Rail Details • Electrical Plans (see scope description below for our subconsultant, Turpin & Rattan): • Bridge Lighting Plan (excludes approaching pathway) • Electrical Notes and Details • Landscape Plans: • Planting Plan • Irrigation Plan Wall and Fence Structures: Kleinfelder's scope of work includes plans, specifications, and opinion of probable costs for removal of existing masonry walls, new masonry retaining/sound walls with locking gate, and new metal fences along the tops of channel slopes. Existing masonry walls in conflict with the proposed pedestrian bridge, approaching pathway, and construction access roads will be removed. New 6-foot-high masonry walls and pilasters on concrete spread footings will be designed along a City-and HOA-approved alignment, retaining up to 4 feet of embankment fill if necessary. On the north side of Agua Hedionda Creek, the wall alignment will match the existing alignment, with a new 5-foot-wide gate located across the property line. 42-inch-high self-weathering steel tubular fence railings will be situated along the tops of embankment slopes, closing off access to the creekbed between the bridges and masonry walls. Bridge Electrical Lighting: Turpin & Rattan's electrical scope of work includes plans, specifications in 2004 CSI format, and opinion of probable costs for power distribution, grounding, and deck lighting on the pedestrian bridge. The removal and/or relocation of existing utility lines and utility services to the new bridge will be by others and is excluded from this scope. • A field investigation will be performed determine visible as-built conditions as they relate to the project area. Review and confirm the point of connection for electrical services, provided by other, to support the new bridge. • Equipment lists and associated catalog cut sheets will be provided by the Owner for any Owner furnished equipment requiring electrical connections. • Exterior lighting design will be completed to provide deck lighting on the Pedestrian Bridge. Lighting design will include footcandle calculations, lighting controls, and light fixture Exhibit A -Kleinfelder Amended Scope of Engineering Services El CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 October 2, 2017 Page3 selection for review by the client. In absence of client's specific footcandle requirements, the standards set forth by Illuminating Engineering Society (IES) will be followed. • The exterior lighting design will comply with the California Title 24 Energy Code and any outdoor lighting ordinances adopted by the local municipality. • Title 24 Energy Code exterior lighting compliance forms will be completed and shown on the drawings. • Branch circuiting of wiring devices will be completed. • Partial power distribution system single line diagram will be finalized showing related portions of the existing electrical distribution system along with the alterations and additions necessary to provide power to the new equipment. • Panelboard schedules will be completed for any new panelboards along with the existing panelboards that are planned to be modified. • Agency review and plan check corrections will be completed. • The electrical scope also includes limited bidding phase assistance. Deliverables: • 75% Plans (Half Size) and electronic copy (PDF) 2.5 Preparation of PS&E (Task 5.0) 2.5.1.1 50% Submittal (Specs and Estimate) (Task 5.1.1) (revise the above numbering and add the following Section 2.5.1.2:) 2.5.1.2 75% Submittal (Specs and Estimate) (Task 5.1.2) Kleinfelder will prepare preliminary amendments to the City's standard revisions to the Standard Specifications for Public Works Construction ("Green book"). Kleinfelder will update the list of anticipated bid items and preliminary cost estimate based on the 75% plan set. Deliverables: • List of anticipated special provisions (PDF). • List of anticipated bid items and preliminary cost estimate (PDF) QNFELDER ~--_,..,,,_ EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD -AMENDMENT NO. 2 TASK ANALYSIS COST SUMMARY PER FIRM FIRM NAME Kleinfelder Kleinfelder KTU+A LSA Chang STC Epic Land (Geotech) Associates Consultants Traffic Solutions 3.0 Project Element #3 -Engineering Services 3.4.1 50% Plans $ -$ -$ -$ -$ -$ -$ -3.4.2 75% Plans $ 3,910 $ -$ -$ -$ -$ -$ -Bridge Design Calculations $ 8,640 $ -$ -$ -$ -$ -$ -Plan Preparation $ 17,280 $ -$ -$ -$ -$ -$ -QNQC and Interdisciplinary review $ 5,220 $ -$ -$ -$ -$ -$ -75% Submittal to City $ 1,780 $ -$ -$ -$ -$ -$ -3.5 90% Plans $ -$ -$ -$ -$ -$ -$ -3.6 100% Plans (Final Submittal) $ -$ -$ -$ -$ -$ -$ -SUBTOTAL TASK 3.0 $ 36,830 $ $ -$ -$ -$ -$ -5.0 Project Element #5 -Preparation of PS&E 5.1.1 50% Submittal $ -$ -$ -$ -$ -$ -$ -5.1.2 75% Submittal $ -$ -$ -$ -$ -$ -$ -List of Draft Specifications $ 1,840 $ -$ -$ -$ -$ -$ -Engineers Estimate of Probable Cost $ 3,170 $ -$ -$ -$ -$ -$ -5.2 90% Submittal $ -$ -$ -$ -$ -$ -$ -Complete Set of Specifications $ -$ -$ -$ -$ -$ -$ -Engineers Estimate of Probable Cost $ -$ -$ -$ -$ -$ -$ -5.3 100% Submittal $ -$ -$ -$ -$ -$ -$ -Final Specifications $ -$ -$ -$ -$ -$ -$ -Final Engineers Estimate of Probable Cost $ -$ -$ -$ -$ -$ -$ -SUBTOTAL TASK 5.0 $ 5,010 $ $ -$ -$ -$ -$ -6.0 Project Element #6 -Bid Support 6.1 Respond to Bid Phase RFls $ -$ -$ -$ -$ -$ -$ -SUBTOTAL TASK 6.0 $ -$ $ -$ -$ $ -$ -TASK 1.0 -6.0 SUBTOTAL $ 41,840 $ -$ -$ -$ -$ -$ -Direct Costs $ -$ -$ -$ -$ -$ -$ -BASE SCOPE TOTALS $ 41,840 $ $ -$ $ $ $ Aguirre & Turpin & TOTAL Associates Rattan $ -$ -$ -$ -$ 2,830 $ 6,740 $ -$ -$ 8,640 $ -$ -$ 17,280 $ -$ -$ 5,220 $ -$ -$ 1,780 $ -$ 1,430 $ 1,430 $ -$ 1,430 $ 1,430 $ -$ 5,690 $ 42,520 $ -$ -$ -$ -$ -$ -$ -$ 250 $ 2,090 $ -$ 270 $ 3,440 $ -$ -$ -$ -$ 635 $ 635 $ -$ 135 $ 135 $ -$ -$ -$ -$ 385 $ 385 $ -$ 135 $ 135 $ $ 1,810 $ 6,820 $ -$ 500 $ 500 $ $ 500 $ 500 $ -$ 8,000 $ 49,840 $ -$ -$ -$ $ 8,000 $ 49,840 ~NFELDER ~-'-·--EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-AMENDMENT NO. 2 TASK ANALYSIS HOUR SUMMARY PER FIRM FIRM NAME Kleinfelder Kleinfelder KTU+A LSA Chang STC Epic Land (Geotech) Associates Consultants Traffic Solutions 3.0 Project Element #3 -Engineering Services 3.4.1 50% Plans 3.4.2 75% Plans 27 Bridge Design Calculations 72 Plan Preparation 120 QNQC and Interdisciplinary review 28 75% Submittal to City 16 3.5 90% Plans 3.6 100% Plans (Final Submittal) SUBTOTAL TASK 3.0 168 5.0 Project Element #5 -Preparation of PS&E 5.1.1 50% Submittal 5.1.2 75% Submittal List of Draft Specifications 10 Engineers Estimate of Probable Cost 22 5.2 90% Submittal Complete Set of Specifications Engineers Estimate of Probable Cost 5.3 100% Submittal Final Specifications Final Engineers Estimate of Probable Cost SUBTOTAL TASK 5.0 22 6.0 Project Element #6 -Bid Support 6.1 Respond to Bid Phase RFls SUBTOTAL TASK 6.0 TASK 1.0 -6.0 TOTAL HOURS 190 Aguirre & Turpin & TOTAL Associates Rattan 24 51 72 120 28 16 12 12 12 12 48 311 2 12 2 24 5 5 1 1 3 3 1 1 14 46 4 4 4 4 66 361 Q,NFE'LDER ~-----POSITION STAFF 3.0 Project Element #3 -Engineering Services 3.4.1 50% Plans 3.4.2 75% Plans Bridge Design Calculations Plan Preparation QA/QC and lnterdiscipfinary review 75% Submittal to City 3.5 90% Plans 3.6 100% Plans (Final Subrrittal) SUBTOTAL TASK 3.0 5.0 Project Element #5 -Preparation of PS&E 5.1.1 50% Subnittal 5.1.2 75% Subnitta! List of Draft Specifications Engineers Estimate of Probable Cost 5.2 90% Submittal Complete Set of Specifications Engineers Estimate of Probable Cost 5.3 100% Submittal Final Specifications Final Engineers Estimate of Probable Cost SUBTOTAL TASK 5.0 6.0 Project Element #6 -Bid Support 6.1 Respond to Bid Phase RFls SUBTOTAL TASK 6.0 TASK 1.0-6.0 SUBTOTAL Direct Costs TOTAL$ $ PRINCIPAL ENGINEER Jim Frost PRINCIPAL ENGINEER $ 275 II$ TASK ANALYSIS PRIME CONSULTANT -KLEINFELDER PROJECT SENIOR PROJECT ASSISTANT SENIOR PROJECT MANAGER ENGINEER ENGINEER II ENGINEER TECHNICIAN CONTROLS Craig Keith Lise Karibia Ty Robin Shannon Gazaway Muco Bainargeon Brittain Mclinden 72 8 12 24 32 4 12 4 12 24 96 32 4 2 6 2 4 8 4 10 8 16 34 104 32 4 3,280 $ 6,460 $ 12,480 $ $ 5,600 $ 460 $ 2015 Hourly Rate Schedule -KLEINFELDER PROJECT MANAGER 205 II$ SENIOR ENGINEER 19011 $ PROJECT ENGINEER II 12011 $ ASSISTANT ENGINEER 115 II$ SENIOR TECHNICIAN 175 II$ PROJECT CONTROLS 115 ! $ ASSISTANT ENGINEER Alex Reiff ASSISTANT ENGINEER ENVIRONMENTAL PM (QA) Chuck Cleeves $ 115 II$ $ $ TOTAL COST $ $ $ 72 $ 8,640 76 $ 12.400 16 $ 3.100 4 $ 460 $ $ 168 $ 24,600 $ $ $ 8 $ 1.550 14 $ 2,130 $ $ $ $ $ $ 22 $ 3,680 $ $ $ 190 $ 28,280 $ 28,280 GIN FELDER ~----POSITION STAFF 3.0 Project Element #3 -Engineering Services 3.4.1 50% Plans 3.4.2 75% Plans Bridge Design Calculations Plan Preparation QA/QC and Interdisciplinary review 75% Submittal to City 3.5 90% Plans 3.6 100% Plans (Final Submittal) SUBTOTAL TASK 3.0 5.0 Project Element #5 -Preparation of PS&E 5.1.1 50% Submittal 5.1.2 75% Submittal List of Draft Specifications Engineers Estimate of Probable Cost 5.2 90% Submittal Complete Set of Specifications Engineers Estimate of Probable Cost 5.3 100% Submittal Final Specifications Final Engineers Estimate of Probable Cost SUBTOTAL TASK 5.0 6.0 Project Element #6 - Bid Support 6.1 Respond to Bid Phase Rfls SUBTOTAL TASK 6.0 TASK 1.0-6.0 SUBTOTAL Direct Costs TOTAL$ $ GROUP MANAGER Brian Stup 4 4 4 960 GROUP MANAGER $ 240 I$ TASK ANAL YS/S SUBCONSULTANT -KLEINFELDER (Civil) PROJECT PROJECT ASSISTANT CAOO ENGINEER II ENGINEER II ENGINEER TECHNICIAN Jennifer Robert Jason Marl< Scott Ojeda Brown Decastro 3 24 32 12 8 8 4 3 32 40 16 2 4 4 4 2 4 7 34 44 16 1,010 $ 4,930 $ 5,060 $ 1,600 $ $ Rate Schedule -KLEINFELDER (Civil PROJECT ENGINEER II 145 PROJECT ENGINEER II 145 II$ ASSISTANT ENGINEER CADD TECHNICIAN 11511$ 100 TOTAL COST $ $ 27 $ 3,910 $ 44 $ 4,880 12 $ 2,120 12 $ 1,320 $ $ 95 $ 12,230 $ $ $ 2 $ 290 8 $ 1,040 $ $ $ $ $ $ 10 $ 1,330 $ $ $ 105 $ 13,560 $ $ $ $ $ 13,560 QNFELDER '-'=------POSITION STAFF 3.0 Project Element #3 -Engineering Services 3.4.1 50% Plans 3.4.2 75% Plans Bridge Design Calculations Plan Preparation QA/QC and Interdisciplinary review 75% Submittal to City 3.5 90% Plans 3.6 100% Plans (Final Submittal) SUBTOTAL TASK 3.0 5.0 Project Element #5 -Preparation of PS&E 5.1.1 50% Submittal 5.1.2 75% Submittal List of Draft Specifications Engineers Estimate of Probable Cost 5.2 90% Submittal Complete Set of Specifications Engineers Estimate of Probable Cost 5.3 100% Submittal Final Specifications Final Engineers Estimate of Probable Cost SUBTOTAL TASK 5.0 6.0 Project Element #6 -Bid Support 6.1 Respond to Bid Phase RFls SUBTOTAL TASK 6.0 TASK 1.0-6.0 SUBTOTAL Direct Costs TOTAL$ PRINCIPAL $ PRINCIPAL 185 I$ TASK ANAL YS/S SUBCONSULTANT -Turpin & Rattan Engineering PROFESS. PROJECT SENIOR DESIGNER ENGINEER MANAGER DESIGNER 4 14 2 8 2 8 8 30 2 2 1 4 1 1 2 1 6 8 2 2 2 2 16 38 2 $ 2,160 $ 4,750 $ 230 SR CADD CAOO TECHNICIAN 6 2 2 6 4 6 4 $ 540 $ 2017 Hourly Rate Schedule -Turpin & Rattan PROFESS. ENGINEER 165 II$ PROJECT MANAGER 135 II$ SENIOR DESIGNER 125 SRCADD TECHNICIAN 115 II$ 90 11 $ CADD ADMIN TOTAL COST $ $ 24 $ 2,830 $ $ $ $ 12 $ 1,430 12 $ 1,430 48 $ 5,690 $ $ $ 2 $ 250 2 $ 270 $ 5 $ 635 1 $ 135 $ 3 $ 385 1 $ 135 14 $ 1,810 $ 4 $ 500 4 $ 500 66 $ 8,000 320 $ $ $ $ $ 8,000 ADMIN 80 ~ ( KLEINFELDER ~ Bright People. Right Solutions. CERTIFICATE OF SECRETARY I hereby certify that I am the duly elected and acting 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 May 16, 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 John Murphy is a Vice President and Chief Financial Officer of the Corporation and is granted all rights afforded his 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 16th day of January 2018. Deborah Butera, Corporate Secretary KLElNFELDER 550 West C Street. Suite 1200 p I 619.831.4600 f I 619.232.1039 ~NFELDER ~ Bright People. Right Solutions. CERTIFICATE OF SECRETARY I hereby certify that I am the duly elected and acting 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 May 16, 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 John Moossazadeh is a Vice President of the Corporation and is granted all rights afforded his 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 16th day of January 2018. Deborah Butera, Corporate Secretary KLEINFELDER 550 West C Street, Suite 1200 p 619.831.4600 f ! 619.232.1039 IV. Signatures Contract No. 5001909 Amendment No. 2 This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment, the Agreement, and any previous amendments shall be in full force and effect. The P.er~s below assert that they are authorized ,to execute this Amendment and have executed it effective as of this _/5 _day of M7 2014. SAN DIEGO ASSOCIATION OF GOVERNMENTS cf:::~~ APPROVED AS TO FORM AND LEGALl1Y Office of General Counsel Attachments: D Scope of Work (Attachment A) -Not Used D Payments (Attachment B) -Not Used D Schedule (Attachment C) -Not Used [8J Terms and Conditions (Attachment D) D No Attachments Rev 04/05/2013 2 ~ I DATE(MM/DD/YYYY) ACC::,RC:,9 CERTIFICATE OF LIABILITY INSURANCE ~ 01/17/2018 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($), 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 fffc. 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 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 INSURER C: Transportation Insurance Co. 20494 San Diego CA 92101-3532 USA INSURER D: The continental Insurance Company 35289 INSURER E: American Guarantee & Liability Ins Co 26247 INSURER F: Lloyd's syndicate No. 2001 AA1128001 COVERAGES CERTIFICATE NUMBER: 570069996456 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 AUUC ,~uc" POLICY NUMBER .~~ggrvwv, ,i.;,;;roo1vm LIMITS LTR INSD WVD B X COMMERCIAL GENERAL LIABILITY OUL45Q4483 04/U.L/LU17 104/0l/L018 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE [3JoccuR un.lVl/"\\.:IC IU l"\C::I 1i;;;u $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 ~ 0PRO-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 (Ea accident) -D 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 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 OED I X I RETENTION $10,000 A WORKERS COMPENSATION AND WC624362233 04/01/2017 04/01/2018 XI PER I jOTH-EMPLOYERS' LIABILITY Y/N (CA) STATUTE ER A ANY PROPRIETOR/ PARTNER I 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 $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Projects as on file with the insured including but not limited to Job No. 20161803, El Camino The City of Carlsbad is included as Additional Insured in accordance with the policy provisions of policy. The General Liability evidenced herein is Primary and Non-contributory to other insurance Insured, but only in accordance with the policy's provisions. Real Bridge widening. the General Liability available to an Additional See Attached for Complete List of Named Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE \MLL BE DELIVERED IN ACCORDANCE IMTH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE Contract Department 1635 Faraday Ave. Carlsbad CA 92008 USA JL ~f ndUtanee .9avi:ed ~k ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD "' U) " "' a, a, a, "' a a l'--U) 0 z .S! IQ 0 ;;::: t: Cl) u ;:!:.I ~ -· ~ z ~ - AGENCY AGENCY CUSTOMER ID: 570000071365 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk Insurance services west, Inc. The Kleinfelder Group, Inc POLICY NUMBER see certificate Number: 570069996456 CARRIER I NAIC CODE see certificate Number: 570069996456 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER($) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ ADDITIONAL POLICIES If a policy below does not include limit infonnation, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR TYPE OF INSURANCE ADDL SUHR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR INSD WVD DATE DATE IMM/DD/YYYYl (MM/DDIYYYY) 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: 570069996456 CARRIER I NAICCODE see certificate Number: 570069996456 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 CEZ 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. -!!!!!!!!!!!!!! --- == 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. I 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) 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 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. 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. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINELDER, INC. TRAN1244 is entered into and effective as of the ::J '7 ..1-VJ day of .......... ...q.-+=.':1'#-'---------' 20l.J_, extending and amending the agree~ July 29, 2015, t e "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Kleinelder, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for Professional Engineering Design Services. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on July 28, 2018, on a time and materials basis not- to-exceed six hundred seventy-three thousand four hundred twenty-four dollars ($673,424). 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. /II Ill /II /II /II /II /II /II Ill /II City Attorney Approved Version 1/30/13 TRAN1244 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 KLEINELDER, INC., :~~ CITY OF CARLSBAD, a municipal corporation of the State of California By: . ~here) ]gJ~)/oYt (JJ-/eA.u_ ,Juafcu~~~ (print name/title) I a ATTEST: (signhere) Cb!~~bn- __ .J"-=-ecn.------'e"""';:s'---:-L-£..=...=,,:.....S"'-t:-I/L:--"-v...L..P,..,....--~-H:~di~· t>.....,.,(,_....(K.~4~ t City Clerk By: (print name/title) v 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~ eputy atYAttQmeY City Attorney Approved Version 1/30/13 2 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 ~'Pit() 1) On MtV'ol.-\ 2--0\ WI 7 before me, K'v\UJ?tWJ,df1 1\\afM~ P~liv Here Insert Name and Tkte of the Off1cer Date peffion~~ appeared -~~-~-~~~~~~~~~~~~-~~~~~~~~~~~~~~~- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personMl whose name~ ®)are sub~~bed to the within instrument and acknowle~d to me that hei~~ttfey executed the same in his/~heir authorized capacity~and tha~,~hi he their signatur~ the instrument the perso#, or the entity upon behalf of which the perSOIW5J acte , executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public -----------------------------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: ____________ _ l Corporate Officer -Title(s): ______ _ 'J Corporate Officer -Title(s): ______ _ ! .I Partner -;::::] Limited D General ] Partner -[1 Limited ::::_' General , Individual [J Attorney in Fact U Individual D Attorney in Fact IJ Trustee D Guardian or Conservator D Trustee ::::J Guardian or Conservator i Other: ______________ _ D Other: _________________ _ Signer Is Representing: _________ _ Signer Is Representing: --------~ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 ~~ 7J On ~tt\ UJ. W\1 Date peffion~~ appeared ~~~~~~~~~~~~~~~=~~~~~~~~~~~~~~~~~~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thft person~ whose name{¢ G/>a.re §U:..bscribed to the within instrument and acknowledged to me that~he/they executed the same in (bi8/her/their authorized capacity~ and that by6ifl/her/their signature~n the instrument the person,{.ir.' or the entity upon behalf of which the perso~acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----------------------------------------------------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: ____________ _ l Corporate Officer -Title(s): ______ _ ' J Corporate Officer -Title(s): ______ _ '.I Partner -D Limited D General .. Partner -D Limited '-.::. General I I Individual [l Attorney in Fact D Individual D Attorney in Fact J Trustee D Guardian or Conservator [J Trustee iJ Guardian or Conservator iJ Other: ______________ _ D Other: _____________ _ Signer Is Representing: --------~ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TRAN1244 AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES KLEINFELDER, INC. THIS AGREEMENT is made and entered into as of the ~Cf:'h day of __ .........,'-=.J....:Cf-::---::c-----:-:---:-:=-:-.' 2015, by and between the CITY OF CARLSBAD, a municipal 'City"), and KLEINFELDER, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a civil engineering consultant that is experienced in roadway design and bridge widening. B. Contractor has the necessary experience in providing professional services and advice related to civil engineering and structural engineering. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred seventy three thousand four hundred twenty four dollars ($673,424). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 City Attorney Approved Version 4/1/15 TRAN1244 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 negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtairi 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. City Attorney Approved Version 4/1/15 2 TRAN1244 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liabilitv 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 Liabilitv. 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under· this Agreement contain, or are endorsed to contain, the following provisions: 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. 1 0.2.2 Contractor will obtain occu-rrence 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 any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 4/1/15 3 TRAN1244 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Brandon Miles Title Associate Engineer Public Works I Department Transportation City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-27 45 For Contractor Name Craig Shannon Title Senior Bridge Engineer Address 550 W C Street, Suite 1,200 San Diego, CA 92101 Phone No. 619-831-4546 Email cshannon@kleinfelder.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 4 City Attorney Approved Version 4/1/15 q TRAN1244 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by· notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CitY may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable 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 City Attorney Approved Version 4/1/15 5 10 TRAN1244 employee, any fee, commission, percentage, brokerage fee, gift, or ariy other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. \\\ \\\ \\\ \\\ \\\ \\\ 6 City Attorney Approved Version 4/1/15 . ( l TRAN1244 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR KLEINFELDER, INC., a California corporation ~ M..r k ~i~·)!~/t(.y.cc R..~,Jm-f ' (~) J( "'', A, c·( J rc:zc.. c\k L, , )J .. d . .J" (, (print name/title( CITY OF CARLSBAD, a municipal corporation of the State of California By Ji a(/;ift/ t (~Matt Hall I Mayor ATTEST: 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 City Attorney Approved Version 4/1/15 7 CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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~~\ ~D } On -:Y~\'f ~e:)J 2DI5before me, Sbe.r"'~~~~~o~o/wy£,h/,·~ personally appeared :Jo'-'n ~ODS(A za.deJ"\ who proved to me on the basis of satisfactory evidence to be the person.(a'Jwhose name~are subscribed to the within instrument and acknowledged to me that ~he/they executed ~h-~ame in~er/their authorized capacityOes( and that by ~er/their signaturej.s1 on the instrument the personM, 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. s~ Notary Public Signature (Notary Public Seal) 1 g INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATIACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Till or description of attached document continued) Number of Pages dJ.-1 Document Date 7p~l ~ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other ____________________ _ 2015 Version www.NotaryCiasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. hnpression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensrii-e this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 ~D.Jt\. D t .a.a, 0 . } on"Sv..\'i,l'5, 2.ol'5 beforeme,~C''\ c,~~.~~ ~liC.: personally appeared ~\:::._ Cxe\fet i ~ . , who proved to me on the basis of satisfactory evidenc to be the person£.81whose name~re subscribed to the within instrument and acknowledged to me that ~he/they executed the same i~er/their authorized capacity~ and that by ~/her/their signature~ on the instrument the person~r the entity upon behalf of which the person~cted, 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. I... ... . ............ '1 I I II I ·- o'y~,\.:;: >. S. BALMER 0 [!y.;,.g·1 '~~,:.~, Commission No .. 2040055 z Z o .. !f. ..... ,-.,. n 'f:._i,.. .~. ';" NOTARY PUBLIC-CALIFORNIA (') I -,~?' SAN DIEGO COUHTY ... I f_ ,, ....... My Comm. Expir~ SEPTEMBER 1, 2017 . Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current Califomia statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT. eJ}y of Cw:l~W (Title or description of attachep.jocument/ 11 , .f) 1 .!1~~ fo.;-Ej~'tlo~ (Title 'Or description of attached document continued) ~ Number of Pages Zl Document Date 7/ •~/zor:;; CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) D Corporate Officer (Title) 0 Partner(s) 0 Attorney-in-Fact o Trustee(s) 0 Other _________ _ 2015 Version www.NotaryCiasses.com 800-873-9865 _ _) if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sel!t to that state so long as the wording does not require the California notary to violate California-notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. ,' EXHIBIT A KLEINFELDER, Inc. SCOPE OF ENGINEERING SERVICES PROJECT: EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 CITY OF CARLSBAD CLIENT: DATE: JULY 14, 2015 1. PROJECT DESCRIPTION Originally constructed in 1971, Agua Hedionda Creek Bridge is a continuous three-span superstructure consisting of composite precast and cast-in-place reinforced concrete slabs. It is supported at the piers on driven concrete pile extensions and is supported at the ends by semi-integral diaphragm abutments. The 113-foot-long, 110-foot-wide bridge carries El Camino Real over the Agua Hedionda Creek, and will be widened to accommodate the additional lanes and sidewalk proposed for this project. Improvements to El Camino Real occurred in the early 2000s and included the construction of a raised median, a two-foot cantilevered sidewalk and pipe hand railing addition to the southwest edge of the bridge, and realignment of the vehicle barrier two feet inboard in order to create a four-foot protected sidewalk. The current lane configuration for the bridge includes three lanes and a narrow bike lane in the southbound direction, and a single bike lane and two through lanes with dedicated left-turn and right- turn lanes in the northbound direction. Kleinfelder has assumed the roadway and bridge improvements in the northbound direction have a higher priority than any southbound improvements, and the widening should be limited to the northeast side to limit environmental impacts and project costs. We have assumed an approximate 20-foot bridge widening to the northeast side and that the roadway improvements have limits extending from south of Jackspar Drive to north of Crestview Drive. We have assumed that the existing bridge will not need to be retrofit or replaced due to seismic considerations. Our scope of work includes evaluating the existing bridge based on current seismic design criteria, but does not include any work related to a bridge retrofit or replacement should the results indicate such a need. In addition, our scope of work includes retrofit or replacement of the existing barrier rail and methacrylate treatment for the cracked bridge deck. No other bridge rehabilitation is included in this scope of services. The following is our scope of work for the project. Task numbers in parenthesis correspond to the tasks identified in our separate fee proposal. 2. SCOPE OF WORK 2.1. Project Management, Team Meetings and Project Coordination (Task 1.0) 2.1.1. Project Management and Administration (Task 1.1) Kleinfelder shall provide overall management of Kleinfelder and Kleinfelder subconsultant personnel. A monthly progress report shall be provided indicating the work accomplished during the last period, anticipated work to be completed in the next period, issues that require resolution, milestone achieved, meetings held, problems encountered and actions taken, potential extra work items, approval actions required, coordination issues, and schedule impacts. Exhibit A-Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Pagel 2.1.2. Kick-off Meeting, Team Meetings, and Meeting Minutes (Tasks 1.2, 1.3, 1.5) Kleinfelder will schedule a kick-off meeting upon receiving the notice-to-proceed. The City and project team will discuss the target dates for team meetings, format for meeting agendas, meeting minutes, monthly status reports, and invoicing. Kleinfelder will attend all team meetings and issue tailored agendas for each. Not all subconsultants are required to attend each team meeting. Meeting minutes will be issued within five business days of each meeting. Attendees will have one week to comment on the draft meeting minutes. Final meeting minutes will be distributed to the project team. Our budget is based on a maximum of 20 meetings including the one kick-off meeting. Additional coordination will be performed by teleconference or by email on an as- needed basis. 2.1.3. Monthly Status Reports (Task 1.4) Monthly progress reports shall be submitted with each monthly invoice indicating the work accomplished during the previous period, anticipated work to be completed during the following period, list of issues requiring resolution, milestones achieved, potential extra work items, and schedule impacts. 2.1.4. Schedule (Task 1.6) Project schedule will be created in Microsoft Project and will be updated at major milestones to reflect any changes to the overall project. 2.1.5. Quality Control Kleinfelder will provide all services pursuant to this scope in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the project (including its contracting mode) performing in the same locality under similar conditions and at the date the services are performed. Quality management will follow our Kleinfelder's in-house "Quality Management Program" and will be built into each deliverable prior to submittal. Unless otherwise identified in this scope of work, the quality control and assurance documentation will be maintained in the project records but will not be provided as a deliverable to the City unless specifically requested. Deliverables: • Project team meeting minutes as-needed • Monthly invoices with progress reports • Project schedule 2.2. Task 2.0: Investigation 2.2.1. Review of Existing City Data and Reports (Task 2.1) Kleinfelder will review previous studies for the bridge that may have been performed by City of Carlsbad or others. 2.2.2. Field Review and Investigation of Existing Site with City (Task 2.2) Kleinfelder will attend one site visit with select members of the project team and the City to perform a field review and investigation of the existing site during the project alternatives phase of the project. (b Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page3 2.2.3. Existing Utility Identification, Coordination and Base Mapping (Task 2.3} Kleinfelder will perform a utility search for affected utilities within the project area and prepare an existing utilities base map to assist in the identification of utility relocation requirements. The search shall include field review and review of available as-builts for the project area. Kleinfelder will research records for both public and franchise utilities and shall include the location of all existing facilities in the plans, including sewer, water, storm drain, gas, electric, fiber optic, cable television, and telephone. Utility companies shall be sent a letter requesting information regarding existing and proposed utilities. We have determined the following utility owners may have facilities within the project area: • AT&T Transmission, AT&T Transmission CTA, AT&T Distribution • Kinder Morgan Energy Partners • Crown Castle • SDG&EGas • Till)e Warner Cable • Various City of Carlsbad Public Utilities Potholing services shall be provided for utilities anticipated to be impacted by project improvements. Our budget includes a ma~imum of $10,000 to cover both the coordination and hiring of potholing subs as requested by the City. All utility owners will be provided with a Verification Letter and project information (including plans and maps), requesting them to verify their facilities in the project area. At the conclusion of this procedure, all impacted facilities are to be identified by the utility company. To accommodate this project, owners will be provided with a formal notice to relocate, remove, abandon, protect, and/or pothole their utility facility. The Notification to Owner (NTO) also sets forth a schedule for performing proposed utility relocation work and a statement of liability for the cost of relocation. It is essential that the NTO reflects a true understanding between Kleinfelder and the Owner regarding the location and type of facility, the work that is being ordered, the schedule to accomplish it, and the liability for the cost of work. This NTO agreement will be necessary to prevent subsequent disagreements related to the need for any work, scheduling, liability, etc., which may compromise the timely completion of the Project. Kleinfelder will make provisions necessary to include utility relocation plans within the documents or to inform bidders and the Contractor that contract time and working area will be needed for the utility company (cooperation specifications) to complete their improvements during the construction contract working day calendar. Note that development of utility relocation plans has not been assumed as part of this scope. However, our scope of work will include the design of the openings in the abutment and pier caps (if necessary) to allow for the passage of the utilities. Anticipated bridge displacements due to seismic events will be provided to the individual utility companies for purpose of sizing and specifying utility couplers as necessary. Our scope of work also includes the design and detailing necessary to support minor dry utilities (electrical and/or telecommunications) on the edge of the bridge if provided by the respective utility companies. Plans required for the utility beyond the bridge abutments have not been included in our scope. Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page4 Kleinfelder will perform field survey and topographic mapping to be used for the design of this project to include all existing conditions with horizontal and vertical elevations, property lines and corners, curb lines, utilities, centerline monuments, medians, storm drain facilities, private property frontages including detailed survey of streets and intersections. Kleinfelder will research record survey information at the City of Carlsbad and at the City Surveyor's office. Kleinfelder will establish horizontal and vertical control at the site and establish a supplementary control network throughout the project area in terms of NAD 83 (1991.35) for horizontal control and NGVD 29 for vertical control. Control surveys will be performed in accordance with the Caltrans Survey Manual. Supplementary control will be surveyed using RTK GPS survey methods. Differential level runs will be performed to establish the elevations of the supplementary control. Kleinfelder will set aerial targets and perform an RTK GPS control survey to establish coordinates and elevations on the targets for aerial mapping within the project mapping limits. Kleinfelder will coordinate flyover photogrammetry for the aerial mapping. Digital aerial mapping will be prepared for the project area sufficient to complete the project design with limits being established during the field review and discussions with the City. The mapping will be prepared in AutoCAD format and will be provided in English units at the requested scale and contour interval. A report of survey control methods and procedures will be provided. Kleinfelder will perform a comprehensive land net survey. A right-of-way base map showing existing street rights-of-way, centerlines and property lines within the project limits will be prepared. 2.2.4. Preliminary Constraints Coordination for City Input (Task 2.4) Kleinfelder will provide geotechnical input for the project Type Selection Report. The input will be based on a thorough review of existing geological and subsurface information for the site. The input will also include a cursory assessment of the potential adverse site conditions such as strong ground motion, liquefactions/lateral spreading, foundation types, abutment walls, and construction considerations. 2.2.5. Traffic Analysis for Construction Impacts (Task 2.5) Kleinfelder will use existing available traffic count data from the City's Growth Monitoring Program to determine the existing traffic patterns through the study area. An operational analysis for the two-lane El Camino Real condition will be conducted for the a.m. and p.m. peak period. This information will be used in the environmental assessment to determine the short-term construction impacts of the project. 2.2.6. Volume Analysis for Turn Pocket Lengths (Task 2.5) Kleinfelder will forecast the long-term intersection geometries using information available from recently completed traffic impact analysis reports in the area. The Robertson Ranch and Tax Increment Financing {TIF) studies will be used as a foundation for this analysis and will be supplemented with information from the Draft Mobility Element and/or other studies. This information will be used to determine the left and right turn pocket lengths on the northbound approach to and across the new bridge. Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page5 2.2. 7. Prepare Project Alternatives Report including Bridge Type Selection (Task 2. 7) Kleinfelder will provide a draft and final copy of a project alternatives report. The report will provide a summary of project constraints, purpose and need, traffic demands, alignment alternatives, drainage, water quality and bridge type selection alternatives. It will also provide detailed methods and rationale used to arrive at the preferred alternative, and identify any potential constraints, such as environmental and permitting requirements. We will incorporate any comments to the draft document into the final report. Deliverables: • Utility base map • Preliminary design sheets and exhibits • Project Alternatives Report including Bridge Type Selection (draft and final} 2.3. Engineering Services (Task 3.0) 2.3.1. Survey and ROW (Task 3.1) Kleinfelder will perform a supplemental ground survey including, but not limited to, street cross sections, creek cross sections, bridge abutments and soffits, conform locations, visible utilities, drainage structures, striping, existing bridge and street features. 2.3.2. Geotechnical (Task 3.2) Kleinfelder will perform two exploratory rotary wash boreholes to a depth of 120 feet below current site grades. The boreholes will be located in the vicinity of the proposed abutments of the widening within the right-turn lane of El Camino Real. Soil samples will be obtained at selected intervals within the borings and will be transported to our in-house geotechnical laboratory for analysis. Field work will be limited to daytime hours only (7 AM to 5 PM). Kleinfelder will prepare a Project Management Plan outlining our work plan, health and safety plan, traffic control, OA/QC, and lines of communication. Prior to our proposed subsurface exploration, we will notify Underground Service Alert (USA}. We will also subcontract a private utility locating company to screen the proposed exploration locations for the presence of subsurface utilities. We also request that we be provided utility plans from the various public agencies within our boring locations. Data from our field investigation will be incorporated into the LOTBs for the project. Geotechnical laboratory testing will be performed on select samples obtained from the borings. Samples will be transported to our materials testing laboratory for storage and testing. We anticipate our soil testing will include moisture content, dry density, direct shear, unconfined compression, gradation, Atterberg limits, and corrosion screening. Other tests may be substituted depending on the conditions encountered in the field. Testing will be conducted in general accordance with ASTM, Caltrans, MSHTO, or other appropriate guidelines. Data from the laboratory testing will be incorporated into the Log of Test Borings (LOTB}. LOTB will be prepared in general conformance with the Caltrans Soil & Rock Logging, Classification, and Presentation Manual (2010). The LOTB sheets will be incorporated as part of the project plans. LOTB will present the boring logs on an elevation scale, and a plan view showing the location of each boring relative to the alignment and/or existing or planned facility or structure. The type(s} of drilling method(s} used to perform the investigation, the type(s) of sampling performed, and how \0 \ Exhibit A-Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page6 the sampler was advanced will be included in the LOTB. LOTB will be signed and sealed by a State of California Registered Geotechnical Engineer. A Structure Foundation Report (SFR) will be provided for the bridge structure, road alignment, retaining walls, drainage structures, and underground utilities. Our reports will present the results of our field exploration, laboratory testing, and engineering analyses. Data collected from the subsurface investigation and laboratory testing will be summarized for each substructure unit. A simplified soil profile will be developed and design soil parameters will be selected for analyses. Analyses will be based on the results of subsurface investigation and Caltrans guidelines. Our engineering analyses will include the following: • Deep Foundation Analyses -Deep foundations consisting of either driven precast concrete or Cast-in-Drilled-hole (CIDH) piles will be considered. Both axial and lateral capacity analyses of individual piles will be performed following Caltrans guidelines. • Design Ground Motions -Design earthquake ground motions will be developed in accordance with Caltrans requirements. • Liquefaction Analyses-Data from subsurface investigation will be used to perform liquefaction analyses of the bridge site. Simplified standard penetration test (SPT) based liquefaction analysis procedures will be followed. • Lateral Spreading and Pile Deformation Analyses-Foundation loading and deformation due to liquefaction induced lateral spreading will be analyzed following Caltrans guidelines. Our analyses will be conducted for abutments and drilled piers. Efforts for coordination with structural designers are included. Analyses and design of ground improvement is not anticipated and therefore is not included in this scope of work. • Embankment and Retaining Wall Analyses -Analyses will be performed for retaining walls and proposed abutments. Slope stability and settlement analyses will be performed for approach embankments. 2.3.3. Hydraulics (Task 3.3) Kleinfelder will prepare a hydraulic evaluation of the bridge design using HEC-RAS. The analysis will be based on the accepted 100-year flow rates. A debris factor will be applied to the bridge piers, if appropriate. Coordination will be performed with team members to develop a design that will minimize flood inundation, channel erosion, environmental impacts, and construction costs. In addition, local scour analyses of the piers will be performed to determine additional protection required for these structures. Kleinfelder will prepare an off-site (river channel) hydraulics report summarizing the analyses results and recommendations. A comparison of the alternatives will be included along with identification of the preferred alternative. The prior sediment transport analyses (Chang, 2012) will be modified to determine the general scour at the bridge. This will ensure that the bridge piers and appurtenances are adequately designed for channel bed scour. A FLUVIAL-12 analysis will be performed to determine the general scour and a summary of the FLUVIAL-12 analysis results will be included in the report. The FLUVIAL- 12 analysis will be based on the 100-year and flood series events. Exhibit A -Kleinfelder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Pagel Kleinfelder will prepare a preliminary drainage study for the project to identify the suitability of the existing drainage system to ensure it will have capacity for the proposed improvements. The study will also consider the scope of new drainage system improvements required to adequately protect the project area should the existing system be determined to be undersized. After accumulating existing information about the drainage characteristics of the project, Kleinfelder will develop a base drainage map that depicts the major and minor drainage basins that are tributary to the bridge and roadway right of way and related project improvements. Kleinfelder will perform hydrologic and hydraulic calculations to determine the peak flow rates to be used in the analysis of existing and proposed conditions for the drainage systems. In coordination with the preliminary engineering roadway and associated grading design, Kleinfelder will prepare a preliminary engineering design of local drainage facilities to protect the bridge, roadway, and related improvements. 2.3.4. SO% Plans and Calculations (Task 3.4} Kleinfelder will prepare structure design calculations and plans that conform to both Caltrans and City of Carlsbad requirements. The bridge design will be based on MSHTO LRFD Bridge Design Specifications, 6th Edition, with California Amendments dated January 2014. The seismic analysis will be based on Caltrans Seismic Design Criteria (SDC), Version 1.7, dated April 2013. Our design will also follow Caltrans design manuals including Memo to Designers (MTD), Bridge Design Aids (BDA), and Bridge Design Details (BDD). Kleinfelder will prepare 50% plans (unchecked details) once the City approves of the project alternatives report including the type selection. The plans wills be prepared in AutoCAD format. San Diego Regional Standard Drawings, City Standard sheets, and Caltrans Standard Plans and XS sheets will be used as appropriate. The anticipated sheets for the project are as follows: • Civil Plans: • General Plans (Cover/Title Sheet, Index, Legend, Abbreviations, Notes) • Roadway Typical Cross Sections • Layout Plan and Profile • Grading and Drainage • Civil Construction Details • Erosion Control Plans • Signing Plans • Striping Plans • Traffic Signal Modification Plan • Traffic Control Plans (first submittal at 90%) • Landscape Plan (first submittal at 90%) • Bridge Plans: • General Plan • Index to Plans I Deck Contours • Foundation Plan • Abutment 1 Layout • Abutment 3 Layout • Pier Details • Pile Foundation Details • Bridge Deck Plan I Typical Section n\ ~l Exhibit A-Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 PageS • Concrete Slab Details No. 1 • Concrete Slab Details No. 2 • Miscellaneous Details • Log of Test Borings (first submittal at 90%) Kleinfelder will conduct a comprehensive field inspection to identify all existing signs, striping and traffic signal equipment including poles, pull boxes, wiring and communications. Signing and striping plans will be based on local, regional and statewide design standards and conform to the latest version of the Manual on Uniform Control Devices (MUTCD-CA) California edition. Kleinfelder will identify all existing electrical and communications. within the vicinity of the improvements. We have assumed the construction will require realignment of the signal heads on the northbound approach to align with the new lanes. The signal pole on the northeast corner of the intersection will need to be replaced to accommodate the third northbound through lane as well as new pedestrian push buttons and pedestrian signal heads. In addition, new bicycle detection will be needed in the relocated bicycle lane adjacent to the new right-turn lane. Kleinfelder will prepare a traffic signal modification plan that will identify all new traffic signal features and wiring modifications. Any existing communications equipment will be clearly identified on the plan and modifications to communications, if necessary, will be shown on the traffic signal plan. Kleinfelder will prepare the traffic control plans for up to two stages of construction with limits extending from south of Jackspar Drive to north of Crestview Drive. Plans will conform to the latest version of the Manual on Uniform Control Devices (MUTCD-CA) California edition and local requirements. We have assumed only two phases will be required for traffic control: • Phase 1: Outside lane closure northbound and southbound for construction of new bridge and bridge railing construction • Phase 2: Inside lane closure northbound and southbound for modifications to median Kleinfelder will determine the impact of proposed project improvements on existing landscaped and maintained areas within the project limits. • We will contact respective owners (if available) to obtain as-built plans for existing irrigation equipment and control system(s) for parkways at Cannon and El Camino and conduct field visit to document/verify equipment and operational status. • We will prepare preliminary design of new landscape elements (if applicable), modifications, or restoration of existing landscaping and irrigation system(s) based upon proposed roadway, bridge, and related civil improvements. We will coordinate through the environmental process to ensure appropriate storm water BMP's, ESA protection, and permanent erosion control measures are addressed. Landscape elements may be addressed graphically on scaled plans, and/or clearly identified on appropriate plan sheets within the construction documents for preservation of property, modification of existing irrigation systems, new landscape and irrigation (if applicable), and restoration of existing landscape and irrigation impacted by project Deliverables: • Draft Hydraulics Report • Draft Drainage Report Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page9 • Draft Structures Foundation Report • Bridge Design Calculations stamped by a registered California PE • 50% Plans (Half Size) and electronic copy (PDF) 2.3.5. 90% Plans and Calculations (Task 3.5) Kleinfelder will review comments and meet, as appropriate, with City staff to discuss comments prior to modifying the design plans. We will submit a comments/response matrix to document the comments and responses per the City's review. Kleinfelder will perform an independent check of the bridge design calculations. We will resolve major differences between the designer and checker and update design and construction documents as necessary. Kleinfelderwill prepare 90% plans for review by the City. Kleinfelder will perform a OA/QC of the plans including an interdisciplinary review Deliverables: • Response to Comments Matrix I Letter • Final Hydraulics Report • Final Drainage Report • Final Structures Foundation Report • Final Bridge Design Calculations stamped by a registered California PE (if necessary) • Independent Bridge Design Calculations stamped by a registered California PE • 90% Plans (Half Size and Full Size-2 Copies) and electronic copy (PDF). 2.3.6. 100% Plans and Calculations, Final Submittal (Task 3.6) Kleinfelder will review comments and meet, as appropriate, with City staff to discuss comments prior to modifying the design plans. We will submit a comments/response matrix to document the comments and responses per the City's review. Kleinfelder will prepare 100% plans for final review by the City. Upon written receipt of final approval, an original set of stamped and signed plans, special provisions, and engineers' estimate will be submitted to the Client for use in developing bid documents and soliciting construction bids. Deliverables: • Response to Comments Matrix I Letter • Final Bridge Plans (Half Size) and electronic copy (PDF) • Final Bridge Plans (Full Size) plotted on 24" x 36" Mylar-Signed and Sealed Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page10 2.3.7. ROW/Easement Coordination (Task 3.7) Kleinfelder has assumed property will need to be acquired for this project from two properties in the north east corner of El Camino Real and Cannon Road (APNS 168-360-06-00 and 168.::050-37- 01). Kleinfelder will provide appraisal services that include: • Oversight of the appraisal process; appraisals for each proposed property acquisition will be required. • Submission of a "Notice of Intent to Appraise" to all property owners expected to have their properties partially acquired. Appraisers will send introductory letters indicating when the appraiser expects to contact the owner for an appointment to perform the appraisal. When summary appraisal reports are completed and before they are accepted, they are reviewed by Kleinfelder for accuracy, and regulatory compliance. • Kleinfelder will provide title services that include: • Obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. Updated preliminary title reports will be obtained as needed. • Performing title clearance by resolving problems relating to unusual circumstances with regards to title or ownership, addressing exceptions pertaining to property such as mortgage liens, restrictions, easements and rights of way. We will work with the title company to obtain lender subordination when needed and will obtain a final title policy at the close of escrow. • Kleinfelder will provide acquisition services that include: • Preparation of offer packages and delivery to owners. • Negotiation with the property owners (or their appointed representatives) for the purchase of the required property rights. Kleinfelder will present First Written Offers to each owner. • Preparation of all acquisition agreements and other documents necessary to complete the acquisition in a form provided by the City. • Submission of needed information to City staff for preparation of agenda items and public hearing notices, as necessary for approval of acquisition terms. • Maintenance of a diary of all pertinent information and contacts concerning the project parcels. • Once an agreement has been reached, obtain the owner's signature, notarized when necessary, and confirm owner's capacity to sign the agreements. • Prompt transmission all executed documents on successfully negotiated parcels to Client for acceptance. • Kleinfelder will provide escrow/closing services that include: • • • • Ensuring, during the escrow period, that the property can be conveyed to the Client without any unacceptable liens or encumbrances. Obtaining property owner signature on agreement(s) and other necessary documents . Obtaining Slient's signature on Certificates of Acceptance . Opening escrow and coordinating escrow requirements with property owner . • Providing draft escrow instructions for Client approval. Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page11 • Coordinating payment between the Grantor, Client and the Escrow Company. • Reviewing Title Reports for liens, CCR's and other encumbrances. • Obtaining all necessary documentation to convey title. • Reviewing closing statements and submitting to Client for approval; closing escrow. 2.3.8. Draft and Final SWMP (Task 3.8) Kleinfelder will complete the Storm Water Standards Questionnaire (Form E-34), along with the Construction Threat Assessment Worksheet for Determination of Project's Perceived Threat to Storm Water Quality (Form E-33). These documents will be submitted to the City as part of the Standard Urban Storm Water Mitigation Plan (SUSWMP) determination process. Should it be determined that the project is categorized as a Priority Development Project, a Storm Water Management Plan (SWMP) would be required and Kleinfelder will prepare the SWMP. The SWMP will be prepared per the City's SWMP Requirements Checklist (Form E-35). The SWMP will follow applicable storm water standards, identify pollutants of concern, and determine the most appropriate Best Management Practices (BMPs) for the site. Documentation of the preferred storm water design will be included in the SWMP. The SWMP will also cover BMP facility maintenance requirements. The SWMP will demonstrate the project satisfies the storm water requirements of the SUSMP. 2.3.9. Draft and Final SWPPP (Task 3.9) Kleinfelder will complete the City Project Threat Assessment Worksheet for Determination of Construction SWPPP Tier Level (Form E-32). The project SWPPP would be prepared using the City's Tier 2 Construction SWPPP preparation template. Deliverables: • Storm Water Standards Questionnaire (Form E-34) • Storm Water Management Plan Requirements Checklist (Form E-35) • Draft Storm Water Management Plan • Final Storm Water Management Plan 2.4. Environmental Permitting and Processing (Task 4.0) 2.4.1. United States Army Corps of Engineers Federal Clean Water Act Section 404 Nationwide Permit Authorization (Task 4.1) Kleinfelder will prepare an application for a Nationwide Permit Authorization from the United States Army Corps of Engineers (Corps) pursuant to Section 404 of the Federal Clean Water Act. We will submit the application in draft form for team and City review and comments. Kleinfelder has allowed budget to address one round of consolidated and non-contradictory comments for this task. We will submit the final iteration to the Corps and will follow up with Corps staff during the process. 2.4.2. Regional Water Quality Control Board Federal Clean Water Act Section 401 Certification of Water Quality Request (Task 4.2) Kleinfelder will prepare a request for Certification of Water Quality from the San Diego Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the Federal Clean Water Act. We will submit the application in draft form for team and City review and comments. Kleinfelder has ,c:; c:f... Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page12 allowed budget to address one round of consolidated and non-contradictory comments for this task. We will submit the final iteration to the RWQCB and will follow up with RWQCB staff during the process. Please be advised that in order for the request to be deemed complete, the RWQCB will require a certified California Environmental Quality Act (CEQA) document for the proposed project. As part of this task, we will use the RWQCB Fee Calculator to determine the fee amount. Kleinfelder has budgeted for this task with the understanding that the City will pay any and all fees associated with regulatory agency permitting. 2.4.3. California Department of Fish and Wildlife Lake or Streambed Alteration Agreement Application (Task 4.3) Kleinfelder will prepare a Lake or Streambed Alteration Agreement application for submittal to the California Department of Fish and Wildlife (CDFW) pursuant to Section 1600 et seq of the California Fish and Game Code. We will submit the application in draft form for team and City review and comments. Kleinfelder has allowed budget to address one round of consolidated and non- contradictory comments for this task. We will submit the final iteration to the CDFW and will follow up with CDFW staff during the process. Please be advised that in order for the request to be deemed complete, the CDFW will require a certified California Environmental Quality Act (CEQA) document for the proposed project. 2.4.4. Environmental Team Coordination (Task 4.4) Kleinfelder will provide environmental quality oversight (QC) for permit packages being prepared for submittal to the regulatory agencies. The oversight will include verifying with the design engineers the most current design footprint, verifying that the environmental document prepared for the project is in substantial compliance with the design, and reviewing the permit packages prior to submittal to the regulatory agencies Deliverables: • QC documentation for permits identified in 4.1, 4.2, 3.4 2.5. Preparation of PS&E (Task 5.0) 2.5.1. 50% Submittal (Specs and Estimate) (Task 5.1) Kleinfelder will prepare a list of anticipated Standard Specifications for Public Works Construction ("Greenbook"} special provisions and 2010 Caltrans Standard Special Provisions (SSPs}. Kleinfelder will prepare a list of anticipated bid items based on the 50% plan set. Deliverables: • List of anticipated special provisions (PDF). • List of anticipated bid items (PDF) 2.5.2. 90% Submittal (Specs and Estimate) (Task 5.2) Kleinfelder will prepare an initial set of special provisions following the most recent version of the Green book specifications. The bridge related special provisions will be added in accordance with the 2010 Caltrans Standard Special Provisions. An electronic version of the specifications will be submitted in MSWord format for review. Exhibit A -Klein/elder Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page13 Kleinfelder will prepare an engineer's estimate of probable cost based on the 90% plan set. Deliverables: • Draft project specific special provisions (PDF) • Draft Engineer's Estimate of Probable Cost 2.5.3. 100% Submittal (Specs and Estimate} (Task 5.3) Kleinfelder will update the project special provisions based on City comments and any changes to the project. Final special provisions will be signed and sealed for incorporation into the overall construction bid documents. Kleinfelder will prepare an engineer's estimate of probable cost based on the final 100% plan set. Deliverables: • Final project specific special provisions (PDF) • Final Engineer's Estimate of Probable Cost 2.6. Bid Support (Task 6.0} 2.6.1. Respond to Bid Phase RFis (Task 6.1} Kleinfelder will respond to bid phase RFis. 2.6.2. Preparation of Two Addenda Kleinfelder will prepare up to two bid phase addenda to cover minor changes to the bid set of plans. 2.6.3. Attend Pre-Bid Meeting A representative from Kleinfelder will attend the pre-bid meeting 3. ITEMS NOT INCLUDED The following items of work have not been included in our fee proposal for this phase of the project: a. CEQA document, coordination, and processing (work is currently ongoing through a separate City agreement with LSA). b. Permitting and outside agericy fees. c. Utility relocation plans (including undergrounding of the overhead electrical lines) except as mentioned in Section 2.2.3 of this scope. d. CLOMR and/or LOMR document preparation and coordination. e. Retaining wall and sound wall design. It has been assumed that the bridge will require short wing walls at both ends to accommodate the widening. No additional retaining walls or sound walls have been included in this scope. Exhibit A -Kleinfe/der Scope of Engineering Services EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD-PROJECT NO. 6042 July 14, 2015 Page14 f. Architectural services including architectural schematics, renderings, design development, and material studies. g. Bridge retrofit, rehabilitation or replacement except as specifically noted in the scope of work above. h. LEED consideration or certification. i. Design for street drainage improvements j. Construction support services. 4. ADDITIONAL PROVISIONS All materials, information and data prepared, developed, or assembled by Kleinfelder or furnished to Kleinfelder by the City of Carlsbad for this project, including but not limited to documents, estimates, calculations, studies, maps, graphs, charts, computer disks, computer source documentation, samples, models, reports, summaries, drawings, designs, notes, plans, information, material, and memorandum ("Data") shall be the exclusive property of City of Carlsbad. Copies of Data may be retained by Kleinfelder. The data is not intended to be suitable for re-use by City of Carlsbad or others on extensions of a project or any other project. Any re-use, without the prior written verification or adaptation by the Kleinfelder for the specific purpose intended, will be at the City of Carlsbad's sole risk and without liability or legal exposure to Kleinfelder. Kleinfelder will not take title to or be liable for any hazardous materials found at the Project Site. Any risk of loss with respect to hazardous materials remains with the City of Carlsbad or the Site owner, who will be considered the generator of such materials, execute all manifests as the generator of such materials, and be liable for the arrangement, transportation, treatment, and/or disposal of all material. All samples remain the property of City of Carlsbad. The City of Carlsbad agrees to promptly, at its cost, remove and lawfully dispose of samples, cuttings, and hazardous materials. The City of Carlsbad will provide unimpeded and timely access to the Site, provide an adequate area for Kleinfelder's equipment storage, and parking, furnish all construction utilities and utility releases necessary for the performance of the geotechnical services, and obtain all permits, licenses or authorizations necessary for the performance of the geotechnical services. Kleinfelder's scope of work does not include constant or exhaustive inspection of the work, for the means, methods, techniques sequences or procedures of construction, or for the safety procedures employed by any party other than its own employees, subconsultants and subcontractors. -----------·---·~---·--------- ~~ ! KLEINFELOER ~~"""P'r-"?ll~ EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD TASK ANALYSIS COST SUMMARY PER FIRM FIRM NAME Klelnfelder Kleinfekler Simon Wong LSA Chang STC Epic Land Agulne& TOTAL (Geotec:h) Engineering Associates Consultants Traffic Solutions Associates 1.0 Project Element m -Project Management 1.1 Project Managemenl & Administration $ 52,700 $ $ $ $ $ $ $ $ 52,700 1.2 Kick-Off Meeting $ 3,300 $ 650 $ $ $ $ 345 $ $ $ 4,295 1.3 Team Meetings-Assume 20 Totat (Proiect Duration) $ 26,370 $ 960 $ $ $ 1,120 $ 1,380 $ $ $ 29,830 1.4 Monll1ly Status Reports $ 9,060 $ $ $ $ $ $ $ $ 9,060 1.5 MeetingMinules $ 4,140 $ $ $ $ $ $ $ $ 4,140 1.6 SchediJe $ 4,960 $ $ $ $ $ $ $ $ 4,960 SUBTOTAL TASK 1.0 $ 100,530 $ 1,610 $ $ $ 1,120 $ 1,725 $ $ $ 104,985 2.0 Project Element #12 -lnvestlgaUon 2.1 Review of Existing City Data and Reports $ 4,930 $ $ $ $ $ 1,035 $ $ $ 5,965 2.2 Field Review and Investigation of Existing Si:e (with City) $ 3,370 $ $ $ $ $ 600 $ $ $ 3,970 2.3 Existing utility ldenlilicalion, Coordination, Base Mapping $ 9,150 $ $ $ $ $ $ 11,194 $ 7,906 $ 28,250 2.4 Preliminary Constraints Cooldination for City Jnpul: $ 4,080 $ $ $ $ $ $ $ $ 4,080 2.5 Traffics Analysis for Construction Impacts $ 205 $ $ $ $ $ 3,990 $ $ $ 4,195 2.6 Volume Analysis fof Tum Pockel: lenglhs $ 205 $ $ $ $ $ 990 $ $ $ 1,195 2.7 Prepare Project Alematives Report including Type Selection $ 50,070 $ 3,090 $ $ $ $ $ $ $ 53,160 SUBTOTAL TASK2.0 $ 72.010 $ 3,090 $ $ $ $ 6,615 $ 11,194 $ 7,906 $ 100,815 3.0 Project Element #3 -Engineering Services 3.1 Survey and ROW $ 920 $ $ $ $ $ $ $ $ 920 Horizontal and Vertical Control $ $ $ $ $ $ $ $ $ Righl:-of-Wsy Mapping $ $ $ $ $ $ $ $ $ Final Design SUrvey $ $ $ $ $ $ $ $ 17,024 $ 17,024 ROW aoo Easements $ $ $ $ $ $ $ $ 1,532 $ 1,532 3.2 GeoleohnJcaJ $ 1,725 $ $ $ $ $ $ $ $ 1,725 Field lnvesligalion and laboratory Testing (2 Boflngs) $ $ 7,940 $ $ $ $ $ $ $ 7,940 Draft Slruc:hn Foundation Report $ $ 10,264 $ $ $ $ $ $ $ 10,264 Final Slructwe Foundation Report $ $ 3,406 $ $ $ $ $ $ $ 3,406 3.3 Hydraulics $ 965 $ $ $ $ $ $ $ $ 965 HEC RASAnaiysis for Final Design $ $ $ $ $ 8,400 $ $ $ $ 8,400 General and local Scour Analysis $ $ $ $ $ 2,600 $ $ $ $ 2,600 Final Hydraulcs Report $ $ $ $ $ 2,600 $ $ $ $ 2.600 3.4 50% Plans $ 4,060 $ $ $ $ $ $ $ $ 4,060 Bridge Design calculations $ 41,600 $ $ $ $ $ $ $ $ 41,600 Plan Preparalion $ 36,340 $ $ 3,060 $ $ $ 13,170 $ $ $ 52,570 QAfQC and Interdisciplinary review $ 6,900 $ 650 $ 612 $ $ $ $ $ $ 8,162 50% S<Jbmiltal to City $ 10,100 $ $ $ $ $ 300 $ $ $ 10,400 3.5 90% Plans $ $ $ $ $ $ $ $ $ Response to Comments $ 6,760 $ $ 918 $ $ $ 1,095 $ $ $ 8,n3 Bridge lndependert Check Calculations $ 18,840 $ $ $ $ $ $ $ $ 18,840 Plan PreparatiOn $ 19,680 $ $ 612 $ $ $ 4,890 $ $ $ 25,162 QAIQC and Interdisciplinary review $ 6,600 $ 650 $ 306 $ $ $ $ $ $ 7,556 90%SibmiltaltoCI1y $ 4,140 $ $ $ $ $ 600 $ $ $ 4,740 3.6 100% Plans (Final SUbmltlal) $ $ $ $ $ $ $ $ $ - Response to Commer4s $ 4,040 $ $ 306 $ $ $ 300 $ $ $ 4,646 Plan-ion $ 10,480 $ $ $ $ $ 2,595 $ $ $ 13,075 QAIQC and lnlerdiscipllnary review $ 11,180 $ 650 $ 306 $ $ $ $ $ $ 12,136 100% SubmiltaJ lo Cily $ 4.140 $ $ $ $ $ 300 $ $ $ 4,440 3.7 ROW I Easemenl Coordination $ $ $ $ $ $ $ $ $ - Preliminary Tille Reports, Appraisals and Escrow $ $ $ $ $ $ $ 1,413 $ $ 1.413 Negotiation and Partial Acquisition (2 Paroels) $ $ $ $ $ $ $ 3,688 $ $ 3,688 3.8 Draft and Final SWMP $ 7,940 $ $ $ $ $ $ $ $ 7,940 3.9 OraflanciFinaiSWPPP $ 6,560 $ $ $ $ $ $ $ $ 6,560 SUBTOTAL TASK10 $ 202,970 $ 23,560 $ 6,120 $ $ 14,000 $ 23,250 $ 5,101 $ 18,556 $ 293,557 4.0 Project Element #4-Permitting and Processing 4.1 Section 404 Autholizallon $ 410 $ $ $ 6,360 $ $ $ $ $ 6,790 4.2 Section 401 Cerltficalion of water Quality $ 410 $ $ $ 7,165 $ $ $ $ $ 7,575 4.3 COFW lake or Streambed Alteration Agreement $ 410 $ $ $ 6,360 $ $ $ $ $ 6,790 4.4 Envi"OMleNal T earn Coonfmation $ 7,380 $ $ $ 7,100 $ $ $ $ $ 14,480 SUBTOTAL TASK 4.0 s 8,610 $ $ $ 27,025 $ $ $ $ $ 35,1135 5.0 Project Element #5-Preparation of PS&E 5.1 50% Plans $ $ $ $ -$ $ $ $ $ Ot.CiineofSpecjfications $ 2,390 $ $ 1,224 $ $ $ $ $ $ 3,614 Identify Changes to City's Technical Specs $ 1,810 $ $ 1,224 $ $ $ 780 $ $ $ 3,814 List or Expected Bid Items $ 2,680 $ $ 1,224 $ -$ $ 195 $ $ $ 4,099 5.2 SIR SUbmittal $ $ $ $ $ $ $ $ $ Complete Sel of SpecifiCations $ 14,250 $ 960 $ 1,224 $ $ $ 390 $ $ $ 16,824 Engineers Estimate of Probable Cost $ 13,570 $ $ 1,224 $ $ $ 195 $ $ $ 14,989 5.3 100%Submilfal $ $ $ $ $ $ $ $ $ Response to Comments $ 3,600 $ 325 $ 612 $ $ $ 390 $ $ $ 4,927 Final Specifications $ 6,040 $ 325 $ 1,224 $ $ $ 195 $ $ $ 7,784 Final Engineers Estimate of Probable Cost $ 2,260 $ $ 612 $ $ $ 195 $ $ $ 3,067 SUBTOTAL TASK 5.0 $ 46,600 $ 1,610 $ 8,568 $ $ $ 2,340 $ $ $ 59,118 6.0 Project Element tl6-Bkl Support 6.1 RespoOOto Bid Phase RFis $ 6,380 $ 620 $ $ $ $ $ $ $ 7,000 6.2 Preparalion of 2 Addenda $ 7,380 $ $ 612 $ $ $ $ $ $ 7,992 6.3 A!tend Pre-Bid Meeting $ 1,590 '$ $ 612 $ $ $ $ $ $ 2.192 SUBTOTAL TASK 6.0 $ 15,340 $ 620 $ 1,224 $ $ $ $ $ $ 17,184 TASK 1.0-6.0 SUBTOTAL $ 446,060 $ 30,490 $ 15.912 $ 27.025 $ 15,120 $ 33,930 $ 16,295 $ 26,462 $ 611,294 Direct Costs $ 4,000 $ 30,800 $ 250 $ $ 1,000 $ 600 $ 22,030 $ 3,450 $ 62,130 BASE SCOPE TOTALS $ 450,060 $ 61,290 $ 16,162 $ 27,025 $ 16,120 $ 34,530 $ 38,325 $ 29,912 $ 673,424 Donna Heraty From: Donna Heraty Sent: Wednesday, July 29, 2015 4:42 PM 'cshannon@kleinfelder.com' Brandon Miles; Shelley Collins REQUIRED CONFUCT OF INTEREST Resolution No. 2015-050.pdf To: Cc: Subject: Attachments: To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code-Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with city staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim- Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is i • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY ~~OQ__I'JYL.AlLGJJSLUL~Q!~,_ Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Other documents you may use as reference: ,I ; ; ( :. ) '_. ! ' ( ~ In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion of the agreement. **Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. 1 If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1/Vww ,carl~t:Jacjc:_~,ggy p /60434-2808 f 760 720-6917 2