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HomeMy WebLinkAboutMichael Baker International Inc; 2017-07-11; TRAN1591TRAN1591 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS SERVICES MICHAEL BAKER INTERNATIONAL This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated July 11, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a Pennsylvania corporation, (“Contractor") (collectively, the “Parties”) for El Camino Real at College Blvd. Intersection Improvements Services. RECITALS A. On May 20, 2019, the Parties executed Amendment No. 1 to extend the agreement for a period of one (1) year ending on July 10, 2020. B. On October 7, 2019, the Parties negotiated and agreed to a supplemental scope of work and fee schedule; and C. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on July 10, 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. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 46BDA243-3DD7-45EA-A1F9-9264235AA4C3 6th July TRAN1591 City Attorney Approved Version 1/30/13 2 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 MICHAEL BAKER INTERNATIONAL, a Pennsylvania corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Tim Thiele, Vice-President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Steve Huff, Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 46BDA243-3DD7-45EA-A1F9-9264235AA4C3 Holder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307462415322665013070673265761777200723604013241331307340055312274130076727242035772000777777707000707007 7777777707070700073525677115456000723111416027202207033337242172100070233372420720010703333625316211107023327253162000071222373530721000703333625206201007022337252063100077756163351765540777777707000707007Certificate No :570078094027CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/30/2019 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 24554XL Insurance America IncINSURER A: 20443Continental Casualty CompanyINSURER B: 20427American Casualty Co. of Reading PAINSURER C: 20494Transportation Insurance Co.INSURER D: 37540Beazley Insurance Company, Inc.INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570078094027 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $10,000 $2,000,000 $4,000,000 $4,000,000 B 08/30/2019 08/30/2020 General Liability 6078988730 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000B08/30/2019 08/30/2020 Commercial Auto - AOS COMBINED SINGLE LIMIT (Ea accident) BUA 6078988680 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2019 UmbrellaUMBRELLA LIABA 08/30/2020US00079952LI19A RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEC08/30/2019 08/30/2020 AOS WC6078988727D 08/30/2019 08/30/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC6078988713 Per ClaimPSDEF190046008/30/2019 08/30/2020 Professional Liab. and CP $5,000,000Aggregate E&O-PL-PrimaryE $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad/CMWD is included as Additional Insured in accordance with the policy provisions of the General & Automobile Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers Compensation policy. Should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will governhow notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Central, Inc. 570000027699 570078094027 570078094027 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Michael Baker International, Inc TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION C WC6078988694 08/30/2019 08/30/2020 CA N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 CG 20 10 (04-13) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement CNA74987XX (1-15) Page 1 of 1 Policy No: 6078988730 Endorsement No: Continental Casualty Company Effective Date: 8/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.the additional insured is a named insured under such other insurance; and b.the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 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. CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement CG 20 37 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: 6078988680 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MICHAEL BAKER INTERANTIONAL, LLC Endorsement Effective Date: 8/30/2019 SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA71527XX (Ed. 10/12) ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization for whom or which you are required by written contract or agreement to add as an additional insured on this policy. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the personor organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributorybasis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2019 Insured Name: Michael Baker International, LLC Copyright CNA All Rights Reserved. CONTINENTAL CASUALTY COMPANY Workers Compensation Blanket Waiver of Our Right to Recover From Others Policy No: WC 6078988713 Policy Effective Date: 08/30/2019 Policy Page: Form No: G-19160-B (11-1997) Endorsement Effective Date: 08/30/2019 Endorsement Expiration Date: 08/30/2020 Endorsement No: Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. 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. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 CNA74702XX (1-15) Page 1 of 1 CONTINENTAL CASUATY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: Name of person or organization to whom notice will be sent: Address: 500 GRANT ST STE 5400PITTSBURGH, PA 15219 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. 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. Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2019 CNA86681XX (8-16) Page 1 Insured Name: MICHAEL BAKER INTERTNATIONAL, LLC © CNA All Rights Reserved. NOTICE OF CANCELLATION TO OTHERS ENDORSEMENT This endorsement modifies the notice of cancellation of insurance provided by this policy: In the event of cancellation of the insurance afforded by this policy, we agree to mail advance written notice to other persons or organizations subject to the following: 1. Number of days advance notice: 30 days, or as required by written contract or agreement. 2. Other person or organization: any person or organization to whom you are required by written contract or agreement to mail advance written notice of cancellation. 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. This endorsement modifies insurance provided under the WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY: In the event of cancellation or material change that reduces or restricts coverage during the policy period, we agree to send prior written notice in the manner prescribed, to the person or organization listed in the Schedule. SCHEDULE 1.Number of days advance notice: For nonpayment of premium: 10 For any other reason: 30 2.Name and Address of Person or Organization: All other terms and conditions of the policy remain unchanged. © Copyright CNA All Rights Reserved. Form No: CNA87380XX (11-2016) Endorsement Effective Date: 8/30/2019 Endorsement No: 1 ; Page: 1 of 1 Endorsement Expiration Date: Policy No: WC 6078988713 Policy Effective Date: 8/30/2019 Policy Page: Underwriting Company: American Casualty Company of Reading, PA 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. NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT Workers Compensation NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT TRAN1591 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO AMEND THE AGREEMENT FOR EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS SERVICES MICHAEL BAKER INTERNATIONAL This Amendment No.2 is entered into and effective as of the _______ day of ___________________________, 2019, amending the agreement dated July 11, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a Pennsylvania corporation, (“Contractor") (collectively, the “Parties”) for El Camino Real At College Blvd Intersection Improvements Services. RECITALS A. On May 20, 2019, the Parties executed Amendment No. 1 to extend the agreement for a period of one (1) year ending on July 10, 2020. B. The Parties desire to alter the Agreement’s scope of work to modify the design plans; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one hundred eighty-eight thousand three hundred dollars ($188,300). 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 thirty-four thousand nine hundred dollars ($34,900). 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 10, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 7th October TRAN1591 City Attorney Approved Version 1/30/13 2 6. 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 MICHAEL BAKER INTERNATIONAL, a Pennsylvania corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Tim Thiele, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Steve Huff, Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 EXHIBITIX "A" SCOPE OF SERVICES AND FEE DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 ECR and College Blvd Intersection Improvement Scope of Work 1 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008-4386 760.476.9193 760.476.9198 Fax www.mbakercorp.com August 22, 2019 CITY OF CARLSBAD CIP PROJECT NO. 6071 EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS AMENDMENT #2 SCOPE AND FEE SUMMARY Task 1: Project Management and Meetings 1.1 Team Meetings Assuming efforts and budget for two (2) additional meetings Deliverables The deliverable for this task will be meeting agendas, meeting minutes, project exhibits, and general project correspondence. 1.2 Monthly Status Reports Assuming efforts and budget for two (2) additional status reports, general coordination and correspondence. Deliverables The deliverable for this task will be monthly progress reports that will be submitted with each monthly invoice. Task 2: Investigations and Preliminary Engineering 2.1 Preliminary Engineering Design Concepts plans were developed to determine feasible alternatives with the objective of eliminating R/W takes along El Camino Real. Final concept geometrics will be submitted for review and approval prior to design of final improvement plans. Deliverables The deliverables for this task will be a Plan showing the revised lane configurations. 2.2 Surveying Additional topographic surveying will be necessary for the new median improvements expected along El Camino Real. DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 ECR and College Blvd Intersection Improvement Scope of Work 2 Deliverables Amended CADD base file that will include surveyed features, additional median & pavement shots, utility as-builts, and pothole information as appropriate. Task 3: Final Engineering and Construction Documents 3.1 Hydrology and Hydraulics Report Will revise Hydrology and Hydraulics Report to reflect new improvements. Deliverables The deliverables for this task will be a hydrology and hydraulics analyses as required to support the drainage design of the project. The analyses will be provided both electronically and hard copy for each of the submittals. 3.2 Storm Water Quality Management Plan We will revise the SWQMP to align with the updated improvements accordingly. Deliverables Storm Water Quality Management Plan 3.3 50% Plans No 50% plans anticipated. 3.4 90% Plans This task will be modifying the design plans. The comments received for the previous submittal will be addressed with a comments response matrix. The cost estimate will be updated per City comments and any design plan changes. Deliverables The deliverables for this task will be 90% design plans (two – 24”x36” paper copies, one – 11”x17” paper copy, CADD files and scalable PDF. 3.5 100% Plans This task will involve addressing final City comments. The comments received for the previous submittal will be addressed with a comments response matrix. If necessary, the consultant shall submit the final plans to assure that all concerns, comments, and questions have been addressed, prior to submitting final mylars. All mylar plans will be signed by the engineer of record. Deliverables The deliverables for this task will be 100% design plans (one – 24”x36” mylar copy, CADD files and scalable PDF) 3.6 Specifications Specifications will be updated to reflect new bid items; however, specification format will remain unchanged. Deliverables The deliverables for this task will be paper copies and editable, electronic files of the bid schedule and special provisions at 90% and 100% submittals. DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 ECR and College Blvd Intersection Improvement Scope of Work 3 3.7 Engineer’s Cost Estimate Engineer’s Cost Estimate will be updated to reflect new bid items and adjusted quantities. Specifically, adjust & removal items will be modified due to the new project impacts. Deliverables The deliverables for this task will be paper copies and editable, electronic files of the estimate at 90% and 100% plan submittals. 3.8 Plats and Legal Descriptions N/A Deliverables The deliverables for this task will include paper copies and editable, electronic files of plat, legal description, and closure calculations. Task 4 Bid and Construction Services No changes anticipated. Task 5 Reimbursable Expenses (Budget) 5.1 Reimbursable Expenses Reimbursable expenses will be billed at cost + 10%. Reimbursables include reproduction, shipping, blueprinting services, etc. If budget amount is exceeded, additional funds will be requested. Task 6 Optional Tasks No changes anticipated. Exclusions • Construction staking and surveying • Public Workshops • Traffic Study • Biological Study • Environmental Document • Structural Engineering • Dry utility design • Anything not specifically identified in the scope of services above. DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 ECR and College Blvd Intersection Improvement Scope of Work 4 1. PROJECT MANAGEMENT AND MEETINGS Task 1.1 Team Meetings ............................................................................ $ 1,500 Task 1.2 Monthly Status Reports ............................................................... $ 1,500 Subtotal $ 3,000 2. INVESTIGATION AND PRELIMINARY ENGINEERING Task 2.1 Preliminary Engineering Design .................................................. $ 3,700 Task 2.2 Surveying ..................................................................................... $ 3,500 Subtotal $ 7,200 3. FINAL ENGINEERING AND CONSTRUCTION DOCUMENTS Task 3.1 Hydrology and Hydraulics Report ................................................ $ 1,800 Task 3.2 Stormwater Checklists and SWQMP ........................................... $ 1,800 Task 3.3 50% Plans ........................................................................................... $ 0 Task 3.4 90% Plans .................................................................................. $ 12,600 Task 3.5 100% Plans.................................................................................. $ 4,300 Task 3.6 Specifications............................................................................... $ 2,500 Task 3.7 Cost Estimate .............................................................................. $ 1,500 Task 3.8 Plats and Legal Descriptions .............................................................. $ 0 Subtotal $ 24,500 4. BID AND CONSTRUCTION SERVICES N/A ............................................................................................................ $ 0 5. REIMBURSABLE EXPENSES Task 5.1 Reimbursable Expenses (budget) .................................................. $ 200 Subtotal $ 200 TOTAL $ 34,900 6. OPTIONAL TASKS N/A ............................................................................................................ $ 0 TOTAL (with Optional tasks) $ 34,900 DocuSign Envelope ID: D5405D6C-D2DC-4721-BFB8-44674A5800B5 Holder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307462415322665013070673265761777200723604013241331307340055312274130076727242035772000777777707000707007 7777777707070700073525677115456000723111416027202207033337242172100070233372420720010703333625316211107023327253162000071222373530721000703333625206201007022337252063100077756163351765540777777707000707007Certificate No :570078094027CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/30/2019 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 24554XL Insurance America IncINSURER A: 20443Continental Casualty CompanyINSURER B: 20427American Casualty Co. of Reading PAINSURER C: 20494Transportation Insurance Co.INSURER D: 37540Beazley Insurance Company, Inc.INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570078094027 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $10,000 $2,000,000 $4,000,000 $4,000,000 B 08/30/2019 08/30/2020 General Liability 6078988730 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000B08/30/2019 08/30/2020 Commercial Auto - AOS COMBINED SINGLE LIMIT (Ea accident) BUA 6078988680 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2019 UmbrellaUMBRELLA LIABA 08/30/2020US00079952LI19A RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEC08/30/2019 08/30/2020 AOS WC6078988727D 08/30/2019 08/30/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC6078988713 Per ClaimPSDEF190046008/30/2019 08/30/2020 Professional Liab. and CP $5,000,000Aggregate E&O-PL-PrimaryE $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad/CMWD is included as Additional Insured in accordance with the policy provisions of the General & Automobile Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers Compensation policy. Should any of the above described policies be cancelled before the expiration date thereof, the policy provisions will governhow notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Central, Inc. 570000027699 570078094027 570078094027 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Michael Baker International, Inc TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION C WC6078988694 08/30/2019 08/30/2020 CA N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 CG 20 10 (04-13) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement CNA74987XX (1-15) Page 1 of 1 Policy No: 6078988730 Endorsement No: Continental Casualty Company Effective Date: 8/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.the additional insured is a named insured under such other insurance; and b.the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 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. CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement CG 20 37 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: 6078988680 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MICHAEL BAKER INTERANTIONAL, LLC Endorsement Effective Date: 8/30/2019 SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA71527XX (Ed. 10/12) ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization for whom or which you are required by written contract or agreement to add as an additional insured on this policy. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the personor organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributorybasis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2019 Insured Name: Michael Baker International, LLC Copyright CNA All Rights Reserved. CONTINENTAL CASUALTY COMPANY Workers Compensation Blanket Waiver of Our Right to Recover From Others Policy No: WC 6078988713 Policy Effective Date: 08/30/2019 Policy Page: Form No: G-19160-B (11-1997) Endorsement Effective Date: 08/30/2019 Endorsement Expiration Date: 08/30/2020 Endorsement No: Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. 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. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement Policy No: 6078988730 Endorsement No: 1 Effective Date: 08/30/2019 CNA74702XX (1-15) Page 1 of 1 CONTINENTAL CASUATY COMPANY Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: Name of person or organization to whom notice will be sent: Address: 500 GRANT ST STE 5400PITTSBURGH, PA 15219 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. 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. Policy No: 6078988680 Endorsement No: Effective Date: 08/30/2019 CNA86681XX (8-16) Page 1 Insured Name: MICHAEL BAKER INTERTNATIONAL, LLC © CNA All Rights Reserved. NOTICE OF CANCELLATION TO OTHERS ENDORSEMENT This endorsement modifies the notice of cancellation of insurance provided by this policy: In the event of cancellation of the insurance afforded by this policy, we agree to mail advance written notice to other persons or organizations subject to the following: 1. Number of days advance notice: 30 days, or as required by written contract or agreement. 2. Other person or organization: any person or organization to whom you are required by written contract or agreement to mail advance written notice of cancellation. 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. This endorsement modifies insurance provided under the WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY: In the event of cancellation or material change that reduces or restricts coverage during the policy period, we agree to send prior written notice in the manner prescribed, to the person or organization listed in the Schedule. SCHEDULE 1.Number of days advance notice: For nonpayment of premium: 10 For any other reason: 30 2.Name and Address of Person or Organization: All other terms and conditions of the policy remain unchanged. © Copyright CNA All Rights Reserved. Form No: CNA87380XX (11-2016) Endorsement Effective Date: 8/30/2019 Endorsement No: 1 ; Page: 1 of 1 Endorsement Expiration Date: Policy No: WC 6078988713 Policy Effective Date: 8/30/2019 Policy Page: Underwriting Company: American Casualty Company of Reading, PA 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. NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT Workers Compensation NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT TRAN1591 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS SERVICES MICHAEL BAKER INTERNATIONAL This Amendment No.1 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated July 11, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a Pennsylvania corporation, (“Contractor") (collectively, the “Parties”) for El Camino Real At College Blvd Intersection Improvements Services. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on July 10, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: ACEF1A6D-0128-409D-A8C8-6D8847EA018E May 20th TRAN1591 City Attorney Approved Version 1/30/13 2 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 MICHAEL BAKER INTERNATIONAL, a Pennsylvania corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Tim Thiele, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Steve Huff, Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: ACEF1A6D-0128-409D-A8C8-6D8847EA018E BHolder Identifier : 7777777707070700077763616065553330773617556304557607453136772406310073650566157330020762404113472110207126051332630112071662775364323300776605153645631207744015352274570077727252025773110777777707000707007 6666666606060600062606466204446200622002606224020006222204260040202062200042422400020620200626024000006002004062262022060220062622402000600222624006022206222006240002602066646062240664440666666606000606006Certificate No :570072755456CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/24/2018 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza ~ Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 23035Liberty Mutual Fire Ins CoINSURER A: 42404Liberty Insurance CorporationINSURER B: AA1128623Lloyd's Syndicate No. 2623INSURER C: 24554XL Insurance America IncINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Michael Baker International, Inc 5 Hutton Centre DriveSuite 500Santa Ana CA 92707 USA COVERAGES CERTIFICATE NUMBER:570072755456 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $300,000 $10,000 $2,000,000 $4,000,000 $4,000,000 A 08/30/2018 08/30/2019 General Liability TB2681004145718 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000A08/30/2018 08/30/2019 Commercial Auto - AOS COMBINED SINGLE LIMIT (Ea accident) AS2-681-004145-728 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 08/30/2018 UmbrellaUMBRELLA LIABD 08/30/2019US00079952LI18A RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEB08/30/2018 08/30/2019 Workers Comp - AOS $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WA768D004145778 Per ClaimPSDEF180046008/31/2018 08/30/2019 Professional Liab. and CP $5,000,000Aggregate E&O-PL-PrimaryC $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD1635 Faraday Ave.Carlsbad CA 92008 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Policy Number Issued by Liberty Mutual Fire Insurance Co. TB2-681-004145-718 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT – SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Schedule Person or Organization: All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Page of© 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 1LC 24 20 02 13 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 POLICY NUMBER: TB2-681-004145-718 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2012 Page of 1 1CG 20 10 04 13 LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number TB2-681-004145-718 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with the Company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 POLICY NUMBER: TB2-681-004145-718 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2012 Page of 1 1CG 20 37 04 13 Policy Number: Issued By: Schedule LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Name of Other Person(s)/ Email Address or mailing Number Organization(s): address: Days Notice: A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. AS2-681-004145-728 Liberty Mutual Fire Insurance Co. Per schedule on file with the Company Per schedule on file with the Company 30 TRAN1591 AGREEMENT FOR EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS SERVICES MICHAEL BAKER INTERNATIONAL THIS AGREEMENT is made and entered into as of the \ \ +\rv day of --"--""'~~-----' 20-l3., by and between the CITY OF CARLSBAD, a poration, ("City"), and MICHAEL BAKER INTERNATIONAL, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in design services. B. Contractor has the necessary experience in providing professional services and advice related to design services. 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 one hundred fifty-three thousand four hundred dollars ($153,400). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred fifty-three thousand four hundred dollars ($153,400) per Agreement year. The City reserves the rig ht to withhold a ten percent (10%) 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". City Attorney Approved Version 2/29/16 TRAN1591 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 2/29/16 2 TRAN1591 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 2/29/16 3 TRAN1591 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 2/29/16 4 TRAN1591 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Brandon Miles Title Associate Engineer Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760.602.2745 For Contractor Name David Wiener Title Project Manager Address 5050 Avenida Encinas Carlsbad, CA 92008 Phone No. 760.476.9193 Email dwiener@mbakerintl.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding City Attorney Approved Version 2/29/16 5 TRAN1591 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 2/29/16 6 TRAN1591 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 2/29/16 7 TRAN1591 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR MICHAEL BAKER INTERNATIONAL, a California corporation ?en/6 vlvc...n ,()..._ By: I r 1w#--22«~ (sign here) ·::r) M ·rJ--i / £L-C-I Vz LC-f]:2.ES/,iJcf\}j (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: '(/ltt' , lc:z, I / Ma~II, Maor (sgn r) · ATTEST: \]umc~ (2Jd-1!ft*'-{r'- Barbara Engleson, City Clerk Michael Tylman, Assistant Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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: wcyA~ City Attorney Approved Version 2/29/16 8 ECR and College Blvd Intersection Improvement Scope of Work Michael Baker INTERNATIONAL May 16, 2017 CITY OF CARLSBAD CIP PROJECT NO. 6071 Exhibit A 5050 Avenida Encinas Suite 260 Carlsbad, CA 92008- 4386 760.476.9193 760.476.9198 Fax www.mbakercorp.com EL CAMINO REAL AT COLLEGE BLVD INTERSECTION IMPROVEMENTS SCOPE AND FEE SUMMARY 1.1 Team Meetings Consultant team will attend a project kick-off meeting with the City and design-related project meetings with project stake holders and sub-consultants. The consultant will coordinate the meeting time and location, provide a meeting agenda if appropriate, prepare exhibits, and distribute meeting minutes. Meeting minutes shall be provided to the City for review within five business days. Also included are typical project correspondence and communications for approximately four months. Deliverables The deliverable for this task will be meeting agendas, meeting minutes, project exhibits, and general project correspondence. 1.2 Monthly Status Reports Consultant will provide monthly progress reports including a description of work complete, a description of work remaining, and a summary of expenditures to date. Consultant will notify the city if there are any issues related to the budget or schedule. Deliverables The deliverable for this task will be monthly progress reports that will be submitted with each monthly invoice. 2.1 Preliminary Engineering Design Consultant will prepare a plan showing the proposed geometrics and establish the limits of grading for environmental and storm water to review. The exhibit will show the areas of impervious pavement, disturbance, and other appropriate data. The consultant also evaluate the limits of grading and determine the approximate cost of a retaining wall versus a cut slope. The approximate retaining wall square footage, limits of back-cut and type of wall will be identified. Costs for the preliminary title report, partial acquisition, appraisal, and total compensation will be estimated. The consultant will also show a landscape concept. The concept will consider existing landscaping and opportunities for enhancements. This concept may be reviewed by multiple stakeholders, including the Carlsbad Research Center Owners Association if deemed appropriate. Deliverables Michael Baker 9 INTERNATIONAL Exhibit A ECR and College Blvd Intersection Improvement Scope of Work The deliverables for this task will be a Plan showing limits of grading and project footprint, cost analysis of a retaining wall versus slope and a landscape concept. 2.2 Surveying Consultant will provide topographic and boundary surveys. • Horizontal and Vertical Control. Consultant shall establish & maintain horizontal and vertical survey control throughout the project. Semi-permanent horizontal & vertical control points will be set at locations around the project and to be used solely by the Consultant. • Monument Recovery. Prior to construction, Consultant shall field locate all of the monuments in the area of construction and set and measure sufficient reference tie accessory points to each monument, as required under Section 8771 of the Professional Land Surveyor Act, and file a preliminary Corner Record document with the County Surveyors Office, also required under Section 8773.3 of said Land Surveyors Act. • Topographic Survey. Consultant shall perform a supplemental topographic survey along College Boulevard and El Camino Real shooting cross sections every 25' and locating all existing utility appurtenances along the way. Top of curb, terrain, pipe inverts, and appropriate above ground structures will be located. The cross sections shall be approximately 60' wide, encroaching outside the existing curb. It is understood that the City will provide and as-builts and aerial topography to supplement off-road areas. • Mapping. In order to include and plot the record position of the project boundary in approximate orientation with the compiled aerial topographic base data, Consultant shall perform the following tasks; o Consultant shall perform research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property; o Consultant shall prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments; o Consultant shall perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping; o Consultant shall plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it's orientation may disagree substantially from the position determined by a full boundary survey and analysis; o The budget for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey; Deliverables GADD base file that will include surveyed features, utility as-builts, and pothole information as appropriate. 2 Michael Baker 10 INTERNATIONAL ECR and College Blvd Intersection Improvement Scope of Work 3.1 Hydrology and Hydraulics Report Exhibit A Consultant will prepare a hydrology and hydraulics study that will support the drainage design associated with the improvements. Existing flows and proposed storm water flows will be calculated using the rational method at appropriate points. Hydraulic calculations will be performed to design pipes and inlets. Deliverables The deliverables for this task will be a hydrology and hydraulics analyses as required to support the drainage design of the project. The analyses will be provided both electronically and hard copy for each of the submittals. 3.2 Stormwater Checklists and SWPPP This project is not anticipated to be a "Priority Development Project (PDP)" by the standards of the Regional MS4 NPDES Permit, or City of Carlsbad BMP Design Manual. This project is anticipated to be SWPPP Tier 2 with High Construction Threat Level due to its location in the Agua Hedionda Lagoon watershed. A SWPPP will be prepared using the City's Tier 2 SWPPP template. Deliverables • E-32: Determination of SWPPP Tier Level and Construction Threat Level • SWPPP Tier 2 Template with Erosion Control Plan • E-34: Storm Water Standards Questionnaire • E-36: Standard Project Requirement Checklist 3.3 50% Plans This task will be the 50% preparation of design plans. Plans shall be at a 1"=20' scale. The consultant shall use the City of Carlsbad standards as appropriate. • Title Sheet • General Notes, Survey Control, Index, and Typical Sections • Plan & Profile • Precise Grading Plan • Construction Details • Retaining Wall Plan and Profile (assumes regional standard wall) • Traffic Signal Plans • Signing and Striping Plans Deliverables The deliverables for this task will be 50% design plans (two -11 "x 17" paper copies, GADD files and scalable PDF), paper copies and editable, electronic files of the estimate, bid schedule, and special provisions. 3.4 90% Plans This task will be modifying the design plans. The comments received for the previous submittal will be addressed with a comments response matrix. The cost estimate will be updated per City comments and any design plan changes. Deliverables The deliverables for this task will be 90% design plans (two -24"x36" paper copies, one -11"x17" paper copy, GADD files and scalable PDF. 3 Michael Baker 11 INTERNATIONAL ECR and College Blvd Intersection Improvement Scope of Work 3.5 100% Plans Exhibit A This task will involve addressing final City comments. The comments received for the previous submittal will be addressed with a comments response matrix. If necessary, the consultant shall submit the final plans to assure that all concerns, comments, and questions have been addressed, prior to submitting final mylars. All mylar plans will be signed by the engineer of record. Deliverables The deliverables for this task will be 100% design plans (one -24''x36" mylar copy, GADD files and scalable PDF) 3.6 Specifications 50% submittal will include a list of all bid items, with anticipated changes to the City technical specifications being identified. 90% submittal will include the first draft of the specifications using the City of Carlsbad standards, City specification template, and Green book. 100% special provisions, including the bid schedule. City comments will be addressed in the final version. The documents shall be signed by the engineer of record. Deliverables The deliverables for this task will be paper copies and editable, electronic files of the bid schedule and special provisions at 50%, 90% and 100% submittals. 3. 7 Engineer's Cost Estimate The engineer's estimate will include all quantities and units cost for construction, permitting, and construction support costs. Deliverables The deliverables for this task will be paper copies and editable, electronic files of the estimate at 50%, 90% and 100% plan submittals. 3.8 Plats and Legal Descriptions Consultant will create plats and legal descriptions for right-of-way acquisitions needed by the project. For this project, one plat and legal is assumed for the HOA property. Deliverables The deliverables for this task will include paper copies and editable, electronic files of plat, legal description, and closure calculations. 4 Michael Baker 12 INTERNATIONAL ECR and College Blvd Intersection Improvement Scope of Work 4.1 Bid Support Exhibit A Consultant will provide bidding support to the City. In the bidding phase, tasks include providing general interpretation of the bid documents, assisting in preparing minor addendums, preparing an exhibit to present the project at a pre-bid meeting, and checking the bids if requested by the City. Major Addendums that require re-design are not assumed in the fee. Deliverables The deliverables for this task will be responses to questions and exhibits 4.2 Construction Support In the construction phase of the project, the consultant will provide general interpretation of the bid documents by responding to RFl's, attend meetings, and reviewing Submittals. Major contract change orders that require issuing new plans and specifications will be scoped separately from this contract, once the level of effort is understood. Deliverables The deliverables for this task will be providing general support during the construction phase of the project. During construction support, the fee for this task assumes responding to RFl's, Submittals, and attending construction meetings. 4.3 As-Builts and Close-Out This task will include efforts to close out the project. Tasks include providing as-built plans, AutoCAD files, supporting documents, and project files to the City as requested. It is assumed that the contractor will provide redlines of changes made in the field for the consultant to incorporate on the as-built plans. Deliverables The deliverables for this task as-built drawings and other documents as requested. 5.1 Reimbursable Expenses Reimbursable expenses will be billed at cost + 10%. Reimbursables include reproduction, shipping, blueprinting services, etc. If budget amount is exceeded, additional funds will be requested. 6.1 Landscape and Irrigation Plans Consultant shall prepare planting and irrigation plans, specification, and cost estimate for 50%, 90%, and 100% submittals. Consultant will process irrigation plans, assuming use of reclaimed water, through the County Department of Environmental Health. 6.2 Lighting Plans Consultant shall prepare street lighting plans, specifications, and cost estimate for 50%, 90%, and 100% submittals. 6.3 Geotechnical Report The consultant shall perform a geotechnical investigation to assess existing conditions at the site and provide geotechnical information to be used in project design. Specifically, our services will consist of: • Coring the existing pavement and sampling subgrade at three (3) locations to approximately three (3) feet below existing pavement surface to allow logging and sampling of subgrade materials for examination and laboratory testing 5 Michael Baker 13 INTERNATIONAL ECR and College Blvd Intersection Improvement Scope of Work Exhibit A • Subsurface conditions beneath the site, including groundwater levels if encountered • · Site preparation and grading • Excavation characteristics • Backfill placement and compaction • Support for concrete flatwork • Foundation and lateral pressures for retaining wall design • Pavement structural sections 6.4 Percolation Report If project is a Priority Development Project, consultant shall perform a geotechnical investigation to assess existing percolation rates of underlying soil at the site. Consultant will address the requirements of the City of Carlsbad BMP Design Manual (2016), including Forms 1-8: infiltration feasibility and 1-9: factor of safety. Consultant will perform field percolation testing at two test holes in the project vicinity. 6.5 Utility Potholing Consultant will prepare a utility pothole report. Tasks include preparing an exhibit with all the pothole locations being identified, obtaining necessary permits, coordinating with the pothole contractor, and preparing traffic control plans as needed. Potholing will be performed at areas where the existing storm drain could be in conflict with the improvements. A total of four potholes are assumed in this scope and fee. 6.6 Right-of-Way Management Subconsultant specializing in real estate will attend individual meetings with the HOA Board members, and work with the design team to create a right-of-way footprint that will achieve the design goals of the City and minimize, as much as possible, impacts on the HOA property. Consultant will order preliminary title reports and appraisals and assist the City will the right-of-way acquisition process. 6. 7 Traffic Control Plans Consultant will prepare traffic control plans for use by the contractor during construction. Traffic control plans will be included with the 50%, 90%, and 100% plan set submittals. 6.8 SWQMP and BMP Design If project is deemed a priority development project, consultant will prepare a Storm Water Quality Management Plan (SWQMP) in accordance with the City of Carlsbad BMP Manual and Form E-35: SWQMP Template. As part of the SWQMP, consultant will design BMP(s) to satisfy pollutant-control and flow-control requirements of the BMP Manual. 6.9 Monumentation After completion of construction, reconstruction or maintenance, Consultant shall replace any disturbed or destroyed monuments as required under said Section 8773.3, and submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Corner Record document showing the monument(s) destroyed, tied out and replaced. 6 Michael Baker 14 INTERNATIONAL ECR and College Blvd Intersection Improvement Scope of Work Exclusions • Construction staking and surveying • Public Workshops • Traffic Study • Biological Study • Environmental Document • Structural Engineering • Dry utility design • Anything not specifically identified in the scope of services above. 7 15 Exhibit A Michael Baker INTERNATIONAL Exhibit A ECR and College Blvd Intersection Improvement Scope of Work 1. PROJECT MANAGEMENT AND MEETINGS Task 1.1 Team Meetings ............................................................................ $ 6,200 Task 1.2 Monthly Status Reports .................................................................. 1,800 Subtotal $ 8,000 2. INVESTIGATION AND PRELIMINARY ENGINEERING Task 2.1 Preliminary Engineering Design .................................................. $ 4,500 Task 2.2 Surveying ..................................................................................... $ 7,000 Subtotal $ 11,500 3. FINAL ENGINEERING AND CONSTRUCTION DOCUMENTS Task 3.1 Hydrology and Hydraulics Report .................................................. .4,000 Task 3.2 Stormwater Checklists and SWPPP ............................................... 3,800 Task 3.3 50% Plans ..................................................................................... 17,000 Task 3.4 90% Plans ..................................................................................... 11,000 Task 3.5 100% Plans ..................................................................................... 7,000 Task 3.6 Specifications .................................................................................. 4,500 Task 3.7 Cost Estimate ................................................................................. 2,000 Task 3.8 Plats and Legal Descriptions .......................................................... 2,400 Subtotal $ 51,700 4. BID AND CONSTRUCTION SERVICES Task 4.1 Bid Support .................................................................................. $ 2,000 Task 4.2 Construction Support ...................................................................... 6,000 Task 4.3 As-Builts and Project Closeout... .................................................... 2,500 Subtotal $ 10,500 5. REIMBURSABLE EXPENSES Task 5.1 Reimbursable Expenses (budget) ............................................... $ 3,000 Subtotal $ 3,000 TOTAL S 84.700 6. OPTIONAL TASKS Task 6.1 Landscape and Irrigation Plans .................................................... 23,000 Task 6.2 Lighting Plans ................................................................................. 6,000 Task 6.3 Geotechnical Report ....................................................................... 8,100 Task 6.4 Percolation Report .......................................................................... 5,000 Task 6.5 Utility Potholing ............................................................................... 4,600 Task 6.6 Right-of-Way Management... .......................................................... 8,500 Task 6.7 Traffic Control Plans ....................................................................... 3,500 Task 6.8 SWQMP and BMP Design .............................................................. 6,000 Task 6.9 Monumentation ............................................................................... 4,000 Subtotal $ 68,700 TOTAL twitb Optional tasks) s 153.400 Prepared By: David Wiener, Senior Associate 8 Michael Baker 16 INTERNATIONAL