The URL can be used to link to this page

Home My WebLink AboutGannett Fleming Inc; 2018-10-17; UTIL1122UTIL1122 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR DESIGN SUPPORT SERVICES DURING CONSTRUCTION FOR FOXES LANDING LIFT STATION GANNETT FLEMING, INC. This Ratification of Amendment No. 3 is entered into as of the _______ day of _______________________________, 2018, but effective as of the 23rd day of September, 2018, extending the agreement dated September 23, 2014 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Gannett Fleming, Inc., a Delaware corporation (“Contractor”) (collectively, the “Parties”) for additional design support during construction. RECITALS A. On June 21, 2016, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement’s scope of work to add prevailing wage language in accordance with the Department of Industrial Relations (DIR); provide design for emergency storage tank pipe and connections and revised engineering design support for the bidding and construction phases; and B. On September 7, 2017, the Parties executed Amendment No. 2 to the Agreement to extend and alter the Agreement’s scope of work to respond to RFI’s and review shop drawing submittals; and C. The Agreement, as amended from time to time expired on September 22, 2018 and Contractor continued to work on the services specified therein without the benefit of an agreement; and D. The Parties desire to extend the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on September 22, 2019. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// DocuSign Envelope ID: 71C2D8C1-3A9A-488F-842A-52305287D106 5th November UTIL1122 City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California GANNETT FLEMING, INC., a Delaware corporation By: By: (sign here) for Scott Chadwick, City Manager Kenneth E. Hume, Vice-President (print name/title) ATTEST: By: (sign here) for Barbara Engelson, City Clerk Jon H. Kessler, CFO (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: 71C2D8C1-3A9A-488F-842A-52305287D106 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 10/29/2018 Gunn-MoweryP.O.Box 900CampHillPA 17001-0900 Janice Bolton 717-761-4600,Ext.3031 717-761-6159 JBolton@GunnMowery.com PA Manufacturers’Assoc Ins Co.12262 6895 PA Manufacturers Indemnity Co.41424GannettFleming,Inc.P.O.Box 67100Harrisburg,PA 17106-7100 1816203682 BA X 1,000,000 X 1,000,000 X Contractual Liab 10,000 1,000,000 2,000,000 X Y Y 3018012907384A3018012907384B 2/1/20182/1/2018 2/1/20192/1/2019 2,000,000 BA 1,000,000 X X X X COMP.$1,000 X COLL.$1,000 Y Y 1518012907384A1518012907384B 2/1/20182/1/2018 2/1/20192/1/2019 BA X N Y 2018012907384A2018012907384B 2/1/20182/1/2018 2/1/20192/1/2019 1,000,000 1,000,000 1,000,000 Blanket Additional Insured applies per written contract.1008-064364 City of Carlsbad -Wastewater On-Call Services.The following are considered as Additional Insureds for General Liability policy as per writtencontract:City of Carlsbad.Waiver of Subrogation applies as respects Workers Compensation.[KEH Project Number:CAR-03-15] 90 CITY OF CARLSBAD/CMWDC/O EXIGIS INSURANCE COMPLIANCE SERVICESP.O.BOX 4668 -ECM #35050NEWYORKNY10163-4668 INSURED COPY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- SCHEDULED PERSON OR ORGANIZATION 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. 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. 301801-29-07-38-4A AS REQUIRED BY WRITTEN CONTRACT INSURED COPY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- SCHEDULED PERSON OR ORGANIZATION 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. 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. 301801-29-07-38-4B AS REQUIRED BY WRITTEN CONTRACT INSURED COPY Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 10 04 13 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. INSURED COPY 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT POLICY NUMBER: 201801-29-07-38-4A INSURED COPY POLICY NUMBER: DATE OF ISSUE: 201801-29-07-38-4B 01-23-18 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT ASSIGNMENT AND ASSUMPTION AGREEMENT FOR UTIL 1122 ENGINEERING DESIGN SERVICES FOR FOXES LANDING LIFT STATION THIS ASSIGNMENT_ AND ASSUM™GREEMENT ("Assignment Agreement") is made and entered into this / '7th day of _u.,._, 2018, by and between the CITY OF CARLSBAD, a political subdivision of the State of California ("City"), KEH & ASSOCIATES, INC., a California corporation ("Assignor") and GANNETT FLEMING, INC., a Delaware corporation ("Assignee"), and is made with reference to the following facts: RECITALS A. On September 23, 2014, the City and Assignor entered into that certain Professional Services Agreement concerning Engineering Design Services for Foxes Landing Lift Station (the "Agreement"). 8. Paragraph 24 of the Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City. C. Assignor desires to assign its interest in the Agreement to Assignee. Further, Assignee desires to accept assignment of Assignor's interest in the Agreement and City consents to the assignment of the interest in the Agreement from Assignor to Assignee. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1. Assignment. Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the Agreement. 2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set forth in the Agreement. 3. City Consent. City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the Agreement to Assignee. 4. General Terms and Conditions. The following general terms and conditions shall apply to this Assignment Agreement. 4.1 Hold Harmless. In addition to the hold harmless provisions contained within the Agreement, and except as to the sole negligence, or willful misconduct of City, Assignee shall defend, indemnify and hold the City, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney's fees, which arises out of or is in any way connected with this Assignment Agreement, notwithstanding that City may have benefitted from this Assignment Agreement. The hold harmless provision shall apply to any acts or omissions, wilfull misconduct or negligent conduct, whether active or passive, on the part of Assignee. The parties expressly agree that this section shall survive the expiration or early termination of this Agreement. City Attorney Approved 07 /11 /16 UTIL1122 4.2. Counterparts. This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 4.3. Successors and Assigns. It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City. 4.4. Governing Law. This Assignment Agreement shall be governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of California. 4.5. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shalt be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 4.6. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City: Assignor: Assignee: City Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 KEH & Associates, Inc. 570 Rancheros Drive, Suite 200 San Marcos, CA 92069 Gannett Fleming, Inc. P.O. Box 67100 Harrisburg, PA 17106-7100 4.7. Nondiscrimination. During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination. 4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and warrant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof. 4.9 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect. 2 City Attorney Approved 07/11/16 UTIL1122 4.1 O Effective Date. This Assignment Agreement shall be effective upon the date and year first above written. ASSIGNOR: KEH & ASSOCIATES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California . *By: ;J/~-.., /~(sign here) By: fit ~"'db 6. ¼.>~ i~"-~ ~~~ (print n~am /title) / **By: p__½ _ti ~v---; (sign ere) 24-1 ht 4?ov r-J-/ B,,-.c.:,f"' / 1 (print name/title) 1 ASSIGNEE: GANNETT FLEMING, INC., a Delaw~or~ *By~~~ £\IP Lrt..BARBARA ENGLESON V" -City Clerk COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Signed before me on September 26, 2018 by John A. D Ruby L. II , COMMONWEALTHOFPENNSYLVAHIA NOTARIAL SEAL LEA AHN SCHMOLZE, Notary iJublic · East Pennsboro Twp., Cumberland Count\ ot ut511c My Commission Expires February 20, 2021 M Commission expires 02/20/202a...:;...;..---~------ (print name/title) \,~--*~ !ff~ If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f...E 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. 3 City Attorney Approved 07/11/16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the indiVidual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ~ County of j ~ tEc. o On before me, ~ M.o t,-)Q J , ~Lr-N D1l\CI-Y ~v~ UC.. (insert name and title of the officer) personally appeared ~~'~ £. \-l~e ) l2.i11':{ H. t:A:"=®O<Z-'/ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) r a• RAYMONoJ.Al.TO ·1 Commission No. 2223914 • I NOTARY PUBLIC. CALIFORNIA I I . SAN DIEGO COUNTY ~ L . CommiSSol fxpqs ~ 2, 20J~J ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 10/4/2018 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~1~cT Janice Bolton Gunn-Mowery r.~~lN,l'n c-»· 717-761-4600, Ext. 3031 I fffc Nol: 717-761-6159 P.O. Box 900 Camp Hill PA 17001-0900 ~t'D~~ss, JBolton(@.GunnMowerv.com INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: PA Manufacturers lndemnitv Co. 41424 INSURED 6895 INSURER B : lndemnitv Ins Co of North America 43575 Gannett Fleming, Inc. INSURER c: PA Manufacturers' Assoc Ins Co. 12262 P.O. Box 67100 Harrisburg, PA 17106-7100 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1589376445 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,:S/6%}'Jyy1 ,~S~J%y.g1 LTR TYPE OF INSURANCE •••~n un,n POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y y 3018012907384A 2/1/2018 2/1/2019 EACH OCCURRENCE $1,000,000 C -• CLAIMS-MADE 0 OCCUR 3018012907384B 2/1/2018 2/1/2019 DAMAGE TO RENTED PREMISES 'Ea occurrence\ $1,000,000 X Contractual Liab MED EXP (Any one person) $10,000 -PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i 0PRO-Owe PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y 1518012907384A 2/1/2018 2/1/2019 fE~~~~~~trlNGLE LIMIT $1,000,000 C -1518012907384B 2/1/2018 2/1/2019 X ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED ip~?~;,~J;,';,8AMAGE X AUTOS ONLY X AUTOS ONLY $ X COMP: $1,000 X COLL: $1,000 $ B X UMBRELLA LIAB MOCCUR y y N11004507001 2/1/2018 2/1/2019 EACH OCCURRENCE $10,000,000 -EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 / OED I X I RETENTION $ n $ A WORKERS COMPENSATION y 2018012907384A 2/1/2018 2/1/2019 X I ~'ffruTE I I OTH- C AND EMPLOYERS' LIABILITY 2018012907384B 2/1/2018 2/1/2019 ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Blanket Additional Insured applies per written contract. 1008-064364 City of Carlsbad -Wastewater On-Call Services. The following are considered as Additional Insureds for General Liability policy as per written contract: City of Carlsbad. [KEH Project Number: CAR-03-15) CERTIFICATE HOLDER CANCELLATION 90 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 cl1~,J"'" ~~ ~/-,.J I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 301801-29-07-38-4A COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION 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 Ooerations AS REQUIRED BY WRITTEN CONTRACT Information reauired to comolete this Schedule if not shown above will be shown in the Declarations. A. Section II -VI/ho 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. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 INSURED CCPY POLICY NUMBER: 3 018 01-2 9-0 7-3 8-4B COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Ooerations AS REQUIRED BY WRITTEN CONTRACT Information reauired to complete this Schedule if not shown above will be shown in the Declarations. 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. 8. 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. CG 20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 INSURED CCPY C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 INSURED CCPY AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR DESIGN SUPPORT SERVICES DURING CONSTRUCTION FOR FOXES LANDING LIFT STATION KEH AND ASSOCIATES, INC. UTIL 1122 L This Amendment No. 2 is entered into and effective as of the 7-ttA...-day of =.2-t..,~~ \/2..-v-' , 2017, extending and amending the agreement dated Septe ber23, 2014 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and KEH and Associates, Inc., a California corporation ("Contractor") (collectively, the "Parties") for additional design support during construction. RECITALS A. On June 21, 2016, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to add prevailing wage language in accordance with the Department of Industrial Relations (DIR); provide design for emergency storage tank pipe and connections and revised engineering design support for the bidding and construction phases; and B. The Parties desire to alter the Agreement's scope of work to provide design support services during construction; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 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 twenty six thousand nine hundred thirty five dollars ($26,935). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by September 22, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version 1 /30/13 UTIL 1122 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KEH AND ASSOCIATES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: . ~&::~-~ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_Yk~~-~ Deputy City Attorney City Attorney Approved Version 1 /30/13 2 Exhibit "A" CITY OF CARLSBAD FOXES LANDING LIFT STATION REPLACEMENT DESIGN AMENDMENT NO. 2 July 17, 2017 Amendment No. 2 addresses additional construction support services required for the original Contract dated September 23, 2014 for the Foxes Landing Lift Station Replacement Design. The scope of work and proposed budget includes additional effort needed for Task 6 as described below. The attached Exhibit B-3 identifies the additional fee for each of the below tasks and the total fee for Amendment No. 2. Task 6 -Bid and Construction Phase Support Services 6.4 Respond to RFl's: Review and respond to RFl's as requested by the City and the contractor. Up to 20 additional RFl's are estimated. 6.5 Review Shop Drawing Submittals: Review shop drawings additional submittals or resubmittals as requested by the City, including coordination with subconsultants for review of submittals required for other disciplines. Up to additional 20 submittals are estimated. Total additional Budget for Amendment 2 = $26,935 Task Description Hourly Rates Task 6 -Bid and Construction Phase Support Services 6.4 -Respond to RFl's (Assume 20) (Amendment 2) 6.5 -Review Shop Drawings Submittals (Assume 20) (Amendment 2) Subtotal Task 6 Direct Costs: Mileage Reproduction Subtotal Direct Costs: Markup on Subconsultants ® 5% Amendment No. 2 Total: EXHIBIT B-3 Foxes Landing Sewer Lift Station Replacement ProJect Amendment2 LABOR HOUR BREAKDOWN Principal Project Project Designer ClerkfWP Manager Engineer $165 $145 $125 $110 $75 4 60 8 4 80 8 0 8 140 0 16 $300 $400 $700 $275 $26,935 Exhibit "A" Project Labor Labor Direct Total Accountant Hours Cost ubconsultan Costs Cost $75 4 76 $8,980 $8,980 4 96 $11,480 $5,500 $16,980 8 172 20460 $5,500 $ $25,960 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NA:~~c;T BJ Sheffield Falcon West Insurance Brokers, Inc. rit:8,o Extl: ( 619) 2 97-9182 I FAX (A/C Nol: (619) 297-3366 License# 0616640 ftl~~ss: beeg@falconwestins.com 2525 Camino Del Rio So Ste 100 INSURER(S) AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURER A :Sentinel Ins Co LTD 11000 INSURED INSURER B :American Fire & Casual tv 24066 KEH & Associates, Inc. INSURER C :Technoloqy Ins Co 42376 Dorothy Nutter INSURER D :Admiral Insurance Company 570 Rancheros Dr Ste 200 INSURER E: San Marcos CA 92069 INSURER F: COVERAGES CERTIFICATE NUMBER:17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:n wun POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE W OCCUR DAMAGE TO RENTED A I PREMISES /Ea occurrence) $ 1,000,000 X y 72SBATU2291 I 3/23/2017 3/23/2018 MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 =i 0 PRO-DLOC PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) - X ANY AUTO BODILY INJURY (Per person) $ B -ALL OWNED -SCHEDULED X X BAA57396706 6/18/2017 6/18/2018 BODILY INJURY (Per accident) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS !Per accident, -- Medical oavments $ 5,000 X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1,000,000 - A EXCESS LIAB CLAIMS-MADE 72SBATU2291 3/28/2017 3/28/2018 AGGREGATE $ 1,000,000 DED I X I RETENTION$ 10,000 s WORKERS COMPENSATION X I ~~~TUTE I \ 0TH AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA ! C (Mandatory in NH) y TWC3573794 9/14/2016 9/14/2017 E.L DISEASE -EA EMPLOYEE $ 1,000,000 ~m~~t1[3~ ~f'6PERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 D Prof/Gen Liab X FEI-ECC-19503-03 5/10/2017 5/10/2018 E&O/Gen L,ab/$2500 Dea $2Mil/$2Mil Prof/Poll/E&O Claims Made RETRO -05/10/2007 E&O/Pollut,on/S2500 Ded $1Mil/$2Mil DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No #5526 -Foxes Landing Lift Station. City of Carlsbad is Named as Additional Insured per written contract and Waiver of Subrogation, Primary Wording and Non-Contributor Wording apply per written contract and terms and conditions of the policy.*Except 10 Days Notice of Cancellation for Non-Payment of Premium CERTIFICATE HOLDER CANCELLATION (760)602-8562 Rhonda.Gasper-Heather@carl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Rhonda Heather ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE Tom Normandie/BSR ...::i.L_.c--...-, P'?J)o,-r,,,, __, ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) INS025 (201401) The ACORD name and logo are registered marks of ACORD / / / Policy Number: FEI-ECC-19503-03 Renewal Of: FEI-ECC-19503-02 Named Insured KEH & Associates, Inc. 570 Rancheros Dr., Suite 200 San Marcos, CA 92069 Policy Period From: 5/10/2017 Common Policy Declarations I Admiral Insurance Company Program Administrator Freberg Environmental, Inc. 2000 S. Colorado Blvd., Tower II Suite 800 Denver, Colorado 80222 To: 5/10/2018 At 12:01 am Standard Time at your mailing address shown above In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the · d · 11· r insurance as state Ill t IS po ICY. This policy consists of the following Coverage Parts as indicated: Premium Commercial General Liability Covered Contractors Pollution Liability Covered Professional Liability Covered Total Coverage Part Premium $24,360 Terrorism Premium $250 Total Premium $24,610 State Fee Not Applicable FORMS APPLICABLE TO ALL COVERAGE PARTS: See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions, coverage part declarations, coverage part coverage forms(s) and forms and endorsements, if any, issued to form a part thereof, complete the above numbered policy. 1~::::nbd ~--------------------~ Issue Date: 5/15/2017 $751.80 CA Surplus Lines Tax $ 50.12 CA Stamping Office Fee ECC-309-0712 KEH & Associates, Inc. Endorsement Number: 5 Automatic Additional Insured -Owners, Lessees or Contractors I This endorsement, effective 5/10/2017 attaches to and fonns a pert of Policy Number FEI ECC 19503 03 This endorsement changes the Policy. Please read it carefully. ECC-319-0712 In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations perfonned for that insured KEH & Associates, Inc. Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 5/10/2017-attaches to and forms a part of Policy Number FEI ECC 19503 03 This endorsement changes the Policy. Please read it carefully. ECC-320-0712 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work. done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits oflnsurance shown in the Declarations. KEH & Associates, Inc. Endorsement Number: 7 Specified Professional Services Endorsement This endorsement, effective ·51101201711t1aches to and forms a part of Policy Number FEI ECC 195-03 03. This endorsement changes the Policy. Please read it carefully. ECC-321-0712 This endorsement modifies insurance provided wider the following: PROFESSIONAL LIABILITY COVERAGE PART Professional Services shall include those services performed by you in your practice, including thaie services peifonned on your behalf. KEH & Associates, Inc. Endorsement Number: 15 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective5/10/2017 attaches to and forms a part of Policy Number FEI ECC 19503 03 This endorsement changes the Policy. Please read it carefully. ECC-548-0712 SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract In consideration of an additional premiwn of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. KEH & Associates, Inc. Endorsement Number: 21 Additional Insured-Owners, Lessees or Contractors -Scheduled Person or Organization This endorsement, effective 5/10/2017 attaches to and forms a part of Policy Number FEI ECC 19503 03 This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied. this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or On:anization(s): Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contract, to name as an additional insured endorsement is required by contract However, this status exists only for the project specified in that contract Information reouired to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 A Section Il -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: l. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the petformance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: l. 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: 0 ISO Properties, Inc. CG 2010 0413 KEH & Associates, Inc. Endorsement Number: 21 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 behaJf 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 m -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. C> ISO Properties, Inc. KEH & Associates, Inc. Endorsement Number: 22 Additional Insured -Owners, Lessees or Contractors - Completed Operations ~ endorsement, effective 5/10/2017 attaches to and fonns a part of Policy Number FEI ECG 19503 03 This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addldonal Insured Person(s) Location And Description Of Completed Or Ore.anlzatlon(s): Operations Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contract. to name as an additional insured. endorsement is required by contract However, this status exists only for the project specified in that contract Infoimation required to comolete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 07 04 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". ® ISO Properties, Inc., 2004 KEH & Associates, Inc. Endorsement Number: 23 Designated Construction Project(s) General Aggregate Limit This endorsement, effective5/10/2017 attaches to and forms a part of Policy Number FEI ECC 19503 03 This endorsement changes the Policy. Please read it carefully. CG25 03 03 97 In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction.Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2 The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or ''property damage" included in the ''products-completed operations hazard", and for medical expenses wider COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Copyright, Insurance Services Office, Inc., 1998 CG25 03 0397 KEH & Associates, Inc. Endorsement Number: 23 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERED A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which caMot be attributed only to operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for the damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the •'products-completed operations hazard" will reduce the Products-Completed Operation Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION ill) not otherwise modified by this endorsement shall continue to apply as stipulate Copyright. Insurance Services Office, Inc., 1998 KEH & Associates, Inc. Policy Number -BAA 57396706 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION JI. LIABILITY COVERAGE A.COVERAGE 1. WHO IS AN INSURED The following Is added: d. Any organization, other than a partnership or Joint venture, over whleh you maintain ownership or a majority Interest on the effective date of this Coverage Fonn, if there Is no similar Insurance available to that organization. e. Any organization you newly acquire or fonn other than a partnership or joint venture, and over which you maintain ownership of a majority Interest However, coverage under this provision does not apply: (1) If there Is slmllar Insurance or a self-Insured retention plan avaUableto that organization; or (2) To "bodily Injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement Is excess over any other Insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto• by an Insured, If: GECA 701 (01/07) (1) You are obUgated to add that person, organization, trustee, estate or governmental entity as an additional Insured to this polley by: (a) an expressed provision of an "Insured contract'', or written agreement; or (b) an expiessed condition of a written permit Issued to you by a governmental or public authority. (2) The "bodily Injury" or "property damage" Is caused by an "accldenf' which takes place after: (a) You executed the "Insured contract'' or written agreement: or (b) the pennlt has been Issued to you. ladudes copyrighted material or lmanace Senkcs Olllces, lac. with ltl permluloa Pa1e 1 or 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of ball bonds Qncludlng bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the "Insured" at our request, Including actual loss of earning up to $500 a day because of time off from work. SECTION HI • PHYSICAL DAMAGE COVERAGE A.COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household Is a covered "auto" for eaeh of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" Is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of llke kind and quality. If you are liable for the "accldenr, we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property wiR be reduced by an amount that Is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown In the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the Insurance provided is primary for any covered ''auto" you hire without a driver and excess over any other collectible Insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses Incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which In many cases may be substantially less than $75 per day, and will only be allowed for a period of time It should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses Incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01/07) lacladu copyrighted mattrbl or lmaraace Semcu Offices, lac. wllb Us permluloa PageZof 4 If "loss" results from the total theft of a covered "auto" of the private passenger type. we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-tenn leased "auto" Is a covered "auto" and the lessor Is named as an Additional Insured • Lessor, In the event of a total loss, we will pay your additional legal obffgatlon to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you <Ni8 on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, Interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following Is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 Is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other sbnllar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, If the equipment Is pennanently Installed In the covered "auto" at the time of the "loss" and such equipment Is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto"; or (2) Any other electronic equipment that Is: (a) Necessary for the normal operation of the covered •auto• or the monitoring of the covered "auto•s•operatlng system; or (b) An Integral part of the same unit housing any sound reproducing equipment described In (1) above and permanently Installed In the opening of the dash or console of the covered "auto" nonnally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following Is added: No deductible applies to glass damage If the glass Is repaired rather than replaced. GECA 701 (01/07) lacladel copyrtshted material or IDIIIJ'lnce Semca Olllca, lac. with Its ptrmlulOll Pagel or 4 SECTION IV. BUSINESS AUTO CONDmONS A. LOSS CONDmONS Item 2.a and b. are replaced with: 2. Duties In The Event of Accident, Claim, Sult, or Loss a. You must promptly notify us. Your duty to promptly notify us ls effective when any of your executive officers, partners, members, or legal representatives Is aware of the accident, claim, "suit", or toss. Knowledge of an accident. claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should Include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the accident or loss. The following Is added to 6. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the pmvislons of the "Insured contract'', written agreement, or permit B. GENERAL CONDITIONS 9. Is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDmONS 2.b. is replaced by the followlng: b. 60 days before the effective date of cancellation If we cancel for any other reason. GECA 701 (01/07) lnclada copyrflbted material ofl-.ncc Services Offices, lac. with Ill permlaloa Pqc4of 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 01-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone Dahle for an lnJury covered by this pollcy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applles only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule. The addltlonal premium for this endorsement shall be 2% of the CalHomla workers' compansallon premium otherwise due on such remuneration. Person or Organization Any person or organization as required by written contract. Schedule Job D88Crlptlon $260.00 This endorsement changes the pollcy to which It Is attached and Is effecUv8 on the dale Issued unless olllelWlse staled. (The lnfcmnatlon beJow le required only when this encloraement la 188U8d aubaequent to praparaUon of the policy.) Endorsement Effective 9/1.WOtS Polley No. 1WC3573794 Endorsement No. o Insured KEH & Associates, Inc. Premium S 8782 Insurance Company Technology Insurance Company, Inc. WC040308 (Ed. 01-84) Counlerslgnedby ___________________ _ AMENDMENT N0.1 TO AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FOXES LANDING LIFT STATION KEH AND ASSOCIATES, INC. UTIL 1122 This Amendment No.1 is entered into and effective as of the 2..1 sJ· day of ,_jlA'V\--ec , 2016, amending the agreement dated September 23, 2014 (the Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and KEH and Associates, Inc., a California corporation ("Contractor") (collectively, the "Parties") for additional engineering design support. RECITALS A. The Parties desire to alter the Agreement's scope of work to provide design for emergency storage tank pipe and connections and revised engineering design support for the bidding and construction phases; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee; and C. The Parties desire to add prevailing wage language to the agreement in accordance with the Director of Industrial Relations (DIR) requirements. 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". 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 twenty six thousand three hundred sixty dollars ($26,360). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by September 22, 2017. 4. The following prevailing wage language will be added as Paragraph No. 6 to the Original Agreement, with all subsequent paragraphs consecutively renumbered: 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 City Attorney Approved Version 1/30/13 UTIL 1122 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. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill /II Ill Ill Ill /II Ill City Attorney Approved Version 1/30/13 2 UTIL 1122 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR KEH AND ASSOCIATES, INC., a California corporation By:~~ / (sign here) Kenneth Hume I President (print name/title) By: (2.1 9 K}v;v'7 (sign here) Ray Fakhoury I Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Kevin ATTEST: ~# BARBAEGlESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 3 Exhibit "A" CITY OF CARLSBAD FOXES LANDING LIFT STATION REPLACEMENT DESIGN AMENDMENT NO. 1 April 27, 2016 Amendment No. 1 addresses additional design and construction support services required for the original Contract dated September 23, 2014 for the Foxes Landing Lift Station Replacement Design. The scope includes addition of an emergency pump connection and additional design effort during the bid and construction phase services as described below. The attached Exhibit B-2 identifies the additional fee for each of the below tasks and the total fee for Amendment No.1. Task 5 -Detailed Design Phase 5.6 Add Emergency Pump Connection (New): As part of the Detailed Design Phase, add an emergency pump connection at the emergency storage tank, including addition of mechanical drawing sheet, references, applicable details, and coordination with subconsultants. Task 6 -Bid and Construction Phase Support Services 6.2 Prepare Bid Addendum's (Revised): Prepare up to two (2) Bid Addendum's at the direction of the City as required during the Bid Process. 6.4 Respond to RFI's (Revised): Review and respond to RFI's as requested by the City. Up to 20 RFI's are estimated. 6.5 Review Shop Drawing Submittals (Revised): Review shop drawings submittals or resubmittals as requested by the City, including coordination with subconsultants for review of submittals required for other disciplines. Up to 30 submittals are estimated. 6.6 Prepare As-Built drawings (Revised): Prepare as-built drawings based on the Contractor's field redline markups on the design plans. Submit final as-builts to the City in CAD and in PDF. Submit two (2) sets of full size drawings and two (2) sets of half size drawings. 6.7 Site Meetings (New): At the approval of the City, attend up to five (5) site meetings or site visits during the construction phase, including coordination with the Construction Manager as required. Exhibit B ·2 Amendment 1 Fee Proposal For The Foxes Landing Sewer Lift Station Replacement Project ;:=:===~===~::::::::~:_::_::__~=-L.~§~!:I_@_R][~~~R!>:a_wtL:::::t:::=:::::_=l===:::::::::·::=t::=:_::::::::::::-=t::::::::=-=::.t= _____ +-----------+-----+--------+------------+ -------i ~~~=-~= ~~::-=:=:::::~=~~~~t::~;~~~~~~~f1;3~~~3~~;: ~f~~~~~~:~~~~~t~i~i~~}~Qr~i~i~N~~c~-=~~:--===t=:==:===I==~i::==l==ii=:=E=]~===f==~=-=-t===~==-=E~~=Eii[~J====-=-~-----+----------~ .. _j§,~~o_ __ --- ·:::::::::::::::::::_:::::::::::::::::::::::-_::_::_::::·=·:::::·:::_:_:::::::_~lltiJjii~J"it:s:k:st:::::::::::::::_t=-::L::::l::::::::I~:::~:::t::JI£_::=J=:::::T:::=I:=:::::::f::::-:::I:=_;tL]::::!~;~~ii_:::::I::::::: __ ~ii_:::_:::I=::=!$;~~ii.::::: TI~~i~~!!~1~:~~~~~IT-i~~=~i~~~-=~~:=:~~===--:-:·:-:::f_ _::::_:::::::::=::~-:::::::-::::::~:::-:T:::::]_ :::::::=~-=:-_t·:::::::::c-::1: _:::::::::::4·:::::::1--==~~=1:32.0:49_::::1===:-::::~:-::::::::~~~~!c::::· ~4.::B~.!>£()_[1_d_!Q_~l's (~~f!l~-~_(_~e-~~ci_L____ ____ _____ ___________ _ ____ 4 ____________ 1_0___ _______ _ _____ ll_____ _ __ 4 _____ --~? _ --~.Jl.?Q_ __ ------------------~M_II() ___ _ !ih~~~~i~~1~Ji~ft~!i~;-~~~~1~;~~~~-=-:===·=--===:~=== ===-===== -===I==--==~===·===:~-=···: ::•=-=-~=~=:=_:::-ii-:. -=1r~t --=-·-==-=-:===: ~==ittrt-:= -====--~~::::_::::_::::_:-~_::-:::·:=::::.::::.=::::_::_:-::::_::===-~_u_()~~~L:~!~~~:~:.I:::j_-=::~~=::::::t:::::JB::::::_:t---~~::::_::::_:::::t:::::_~~::::::_~J=:=ft-~=t]Js:•C~::j9[8_[-:::f_:::::_:::!ii.::.-.:::::::r::.~~il;-9io ::_ Subtotal of Tasks 5 and 6 0 6 140 44 28 14 232 $26,360 $0 $26,360 ~lfi!!t~~==·:::::::::::::::_::·===:=-=====--==::·----=======-=====J=====-+-----------=-=----:------+ Re reduction +----~:~:---+--------+----------------+----------------------!l--------------+----------+--------+-------------------1-----------------------l ____________________________________________ .Ji!l_()!ota_l_l:)irect_~~!~ · Artleridmenffc~'total Feet; JIS AGREEMEf n! ("City"), and I UTIL1122 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FOXES LANDING LIFT STATION, PROJECT NO. 5526 KEH AND ASSOCIATES INC. EMENT is made and entered into as of tlie y^^S '^^ day of _, 2014, by and between tlie CITY OF CARLSBAD, a municipal corpofation; ("City"), and KEH AND ASSOCIATES INC., a California corporation, ("Contractor"). RECITALS A. City requires tlie professional services of a professional engineering firm that is experienced In the design of wastewater lift stations. B. Contractor has the necessary experience in providing professional services and advice related to design of wastewater lift stations. 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 customahly exercised by reputable members of Contractor's profession practicing In the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend It for one (1) additional two (2) year period. 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 ofthe 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 three hundred ten thousand three hundred twenty six dollars ($310,326). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (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 1/30/13 UTIL1122 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes ofthis section, and that this section will survive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus City Attorney Approved Version 1/30/13 UTIL1122 line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least 'A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1.000,000 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 orthe general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (ifthe 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. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. 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. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial Generai Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions ofthis Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain City Attorney Approved Version 1/30/13 UTIL1122 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies ofany or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Mark Biskup Name Ray Fakhoury Title Associate Engineer Title Project Manager Department PW - Utilities Address 751 Rancheros Drive, Suite 9 City of Carlsbad San Marcos, CA 92069 Address 1635 Faraday Avenue Phone No. 760 798 0696 Carlsbad, CA 92008 Email rfakhoury@kehgroup.com Phone No. 760 602 2763 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. City Attorney Approved Version 1/30/13 UT1L1122 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded 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. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City nnay 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 ofthe percentage ofwork 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 ofthe 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. City Attorney Approved Version 1/30/13 UTIL1122 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making ofthis Agreement. For breach or violation ofthis 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 ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe 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 seg., 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 ofthe false information or in reckless disregard ofthe truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms ofthe 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. /// /// /// /// City Attorney Approved Version 1/30/13 UT1L1122 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions ofthis Agreement. CONTRACTOR KEH AND ASSOCIATES INC., a California corporation By:^ , (sign here) CITY OF CARLSBAD, a municipal corporation ofthe State of California By: Mayor (print name/title) By: '^t-Ccne--^rM^ (print n^e/title) ATTEST: fi^^fffffff^ }t%J^^^y^ / (sign here) BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 3.^M h\C^Cy On Kv3CX>Xg^,'2,f^\^ before me, flfVlV-'tn (_. (n^:^.^^QU.^:i^ > K'^g^QV Y ^'Jo 1,1 C . ^ Date* Here Insert Name and Title of the Officer } personally appeared Name^) of Signer(^ MARIA L6ASSAWAY ( COMM. #2026088 z NotvyPtiblle-Cilifornia g SM Dliflo Counhf ti^Oqmm. galwt jurwaij 20l7f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^) whose name(^) is/ar^ subscribed to the within instrument and acknowledged to me that he/st*^/the^ executed the same in his/h^r/th^ authorized capacity(ie^, and that by his/hjfer/th^r signature(2r) on the instrument the pe{son{$lj, or the entity upon behalf of which the person (#) acted, executed the instrument. I certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seai. Signature XNTYNAvCN^^^.j^^^^^Q^^^ riMAi t-J OPTIONAL Though ihe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ; Document Date: Number of Pages: _ Signer(s) Other Tfian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer —Title(s): • Partner—• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Titie(s): • Partner — DUmited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIlilBPRINT OFSIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvfw.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 RESOLUTIONS ADOPTED BY SOLE DIRECTOR AND SHAREHOLDER OF KEH & ASSOCIATES, INC. The undersigned, being the sole Director/Shareholder of KEH & Associates, Inc., hereby adopts the fol- lowing resolution: (1) RESOLVED, that all actions heretofore taken by the Incorporator(s) of the Coiporation are adopted, ratified and confirmed by this Director/Shareholder. (2) RESOLVED, that the fom of Bylaws submitted to this meeting be, and they are hereby adopted as the Bylaws of the Coiporation. (3) RESOLVED, that the following person(s) are elected to the office(s) set opposite his/her name, to assume the duties and responsibilities fixed by the Bylaws or by the undersigned as the Sole Director of the Coipora- tion: President: Kenneth E. Hume Vice President: Kenneth E. Hume Secretary: Kenneth E. Hume Treasurer: Kenneth E. Hume (4) RESOLVED, that the form of seal, an impression of which is hereto affixed in the margin of these minutes, is hereby adopted as the corporate seal for this corporation. (5) RESOLVED, that the specimen fom of certificate is hereby approved and adopted as the certifi- cate representing the shares of this Corporation. (6) RESOLVED, that Kenneth E. Hume(treasurer) is hereby authorized to open a bank account on behalf of the Corporation with US Bank, located at 5804 Van Allen Way, Carlsbad, California 92008, and the resolutions required by the said bank were adopted by the undersigned and at- tached hereto to these minutes. (7) RESOLVED, that the Corporation proceed to carry on the business for which it was incorporated. Dated: d-^^^OoL) Q^Lm.^/^yyy y Kenneth E. Hume Sole Director and Shareholder Exhibit A Scope of Work Foxes landing Lift Station Replacement Project Task 1 - Project IVIanagement / IVIeetings / QA/QC KEH shall manage the project in an organized fashion to completion, including record keeping correspondence, meetings, and presentations. KEH shall conduct ail necessary coordination and review meetings with City staff for the successful completion of the project. KEH shall also perform all necessary Quality Assurance (QA) and Quality Control (QC) on all deliverable to the City as well as ail design calculations. ^ Deliverables KEH shall submit the following documents: 1. Meeting agenda and minutes for all meetings. 2. Monthly Budget/Schedule Status and Invoicing. Task 2 - Investigations KEH shall investigate any existing geotechnical reports and surveying plans, and provide services for additional surveying and geotechnical information required to complete the lift station design. Development of base maps and geotechnical recommendations will include: 2.1 Surveying Perform field survey necessary to prepare the design drawings. All surveys will be based on City of Carisbad fumished horizontal and vertical control monuments and values. All surveys and mapping will be delivered in AutoCAD format and in NAD '83 horizontal and NGVD '29 vertical datums, and will include ASCII point files of all survey ties made. Provide Aerial Topographical Mapping as follows: • Provide topographic mapping ofthe proposed lift station site. • Research available NAD '83 and NGVD '29 datum survey control monuments. 2.2 Geotechnical Investigation Perform a geotechnical investigation and prepare report forthe lift station. The report shall address soil conditions and recommendations for backfill, compaction, shoring and dewatering issues. De//VeraWes KEH shalt submit thefollowing documents: Foxes Landing LS Replacement Project ~ ^^^^^^^^^^'p^^ • Draft Geotechnical report (3 copies & PDF) • Final Geotechnical report (3 copies & PDF) 2.3 Contaminated Soils and Groundwater Investigation KEH shall perform an assessment of groundwater quality and issues. At the proposed soils boring near the new lift station we wili perform analyticai analysis to determine ifthe soils are contaminated. We will also install one 2-inch 1,0. monitoring well groundwater weli at this boring for groundwater sampling. We will perform analytical analysis for soils and ground water, which will include totai petroleum hydrocarbons (EPA method 8015) and Volatile Organic Compounds (EPA method 8260). We wili prepare a letter report summarizing the results ofthe analytical sampling. Deliverables KEH shall submit thefollowing documents: • Soils and Groundwater Analytical Testing Report (3 copies & PDF) 2.4 Preliminary Contaminated Soil and Groundwater Management Plan Depending on the results of Tasl< 2.3 and discussion with City staff, KEH shall prepare a contaminated soils and groundwater management that wili be included in the contract documents that will serve as a guide for the contractor how to handle, store, treat, and dispose of such materiai. Deliverables KEH shalt submit the following documents: • Draft Contaminated Soils and Groundwater Management Plan (3 copies & PDF) • Final Contaminated Soils and Groundwater Management Ptan (3 coptes & PDF) Task 3 - Easement Document Preparation KEH shall prepare legal documents for the acquisition of additional easement for the new lift station. It is assumed that two temporary construction easements and one permanent easement will be required for this project. KEH shatt submit thefollowing documents: • Final Plats and Legal Descriptions (1 original & PDF copy) Foxes Landing LS Replacement Project Pagg 2 Tasl( 4- Preliminary Design Phase 4.1 Finalize Hydraulic Analysis, Pump Selection, and Review the Need for VFD's Update as necessary, the hydraulic analysis and pump selection calculations from the alternative analysis study prepared by KEH. Re-evaluate the need and applicability of using variable frequency drives forthe new submersible pumps. 4.2 Identify Electrical System Improvements Perform a fieid visit and review as-built drawings to cleariy identify ali of the electrical improvements needed for the new lift station. 4.3 Finalize Temporary and Permanent Easements Requirements Confirm with the City and the adjacent property owner the exact locations and areas needed for temporary construction and permanent easements in order to complete Task 3 work. 4.4 Evaluate Existing 12-inch Force Main Rehabilitation iVIethod Evaluate potential rehabilitation and replacement methods for the existing 12-inch force main. Identify a maximum of three rehabilitation and replacement methods. 4.5 Prepare Preliminary Construction Sequencing Plan In collaboration with City staff, KEH shall prepare a preliminary construction sequencing that will ensure minimal disruption to the operation of the existing lift station during the construction phase. 4.6 Prepare Draft Preliminary Design Report Prepare a draft preiiminary design report incorporating the information completed in Tasks 4.1 to 4.5. The draft PDR will include an update of the preiiminary construction cost estimate in the alternative study completed by KEH. Deliverables KEH shalt submit thefollowing documents: • Draft PDR (3 copies & PDF) 4.7 Prepare Final Preliminary Design Report Prepare a final preliminary design report: based on the City's comments on the draft PDR. Deliverables KEH shalt submit thefollowing documents: Foxes Landing LS Replacement Project Pagg 3 • Draft PDR (3 copies & PDF) Task 5 - Detailed Design Phase Prepare Contract Bid Documents for the new FLLS. Contract bid documents shall inciude plans and specifications and wili incorporate the City's front end documents. Professional disciplines involved will include civil, architectural, structural, mechanical, geotechnicai, electrical, instrumentation, and landscaping as required. 5.1 Prepare the 50% Design Submittal The consultant shall prepare the plans and specification to the 50% design level. Deliverables (50% Design Submittal) KEH shall submit thefollowing documents: • 50% Design drawings size ll"xl7" (5 sets) 50% Design drawings size 24 " x 36" (1 set) 50% Cost estimate (2 sets) 50% Design calculations (2 sets) Table of contents for the contract specifications (CSI format) 5.2 Prepare the 90% Design Submittal KEH shall advance the 50% design package to the 90% design level. Deliverables (90% Design Submittal) KEH shall submit thefollowing documents: • 90% Design drawings size H"xl7" (5sets) • 90% Design drawings size 24" x 36" (2 sets) • 90% Cost estimate (2 sets) • 90% Design calculations (2 sets) • Contract specifications In CSI format (2 sets) 5.3 Prepare the 100% Design Submittal The consultant shall advance the 90% design package for the lift station to the 100% design level and incorporate ali agreed upon City comments made on the 90% submittal. Deliverables (100% Design Submittal) The CONSULTANT shatt submit the following documents: • 100% Design drawings size ll"xl7" (5 sets$ PDF) Foxes Landing LS Replacement Project Pagg ^ • 100% Design drawings size 24 " x 36" (2 sets & PDF) • 100% Contract specifications in CSI format (2 sets & PDF) • 100% Cost estimate (2 sets & PDF) • 100% Design calculations (2 sets & PDF) 5.4 Prepare the Finai Bid Package Under this task, the CONSULTANT shall advance the 100% design to the final design level. This effort will involve the preparation and delivery of the following: • Incorporate all agreed-upon City comments made on the 100% submittal, and provide a compiete and final bid quality construction package, complete design drawings on Mylar, • Complete set of Contract Specifications, including o City front end documents (including General and Supplemental Provisions); and o Technical specifications in Construction Specification Institute (CSI) format • Construction cost estimate • Bid Schedule • Contract duration • Project Notebook containing engineering calculations and/or data for determining civil hydraulic, eiectric and structural requirements Deliverables (Final Bid Package) KEH shall submit the following final design documents: Final Design drawings, size 11" x 17" (3 sets of hard copies & PDF) Signed mylars, size 36"x24" (1 set) Bound set of Final Construction Specifications (2 sets) Camera ready (unbound) Final Construction Specifications (1 set) Electronic drawings in DWG & PDF format Electronic construction specifications tn MS Word format Construction Cost Estimate (2 sets & PDF) Final Project Notebook (2 hard copies & PDF) 5.5 Prepare Odor Control System APCD Permit Application KEH will prepare the APCD odor control permit to construct for the new odor control. This includes completing the permit application, providing necessary information required for the permit, and processing the permit with the San Diego APCD. Deliverables (Final Bid Package) Foxes Landing LS Replacement Project ^^^^^^ KEH shall submit the following final design documents: • One Copy of Completed Permit Application (1 set & PDF) Task 6 -Bid and Construction Phase Support Services Provide engineering design support through the bid advertisement and construction phases, the scope of work for Task will consist of the following items. • Attend Prebid Meeting. The City will lead the conference, prepare agenda, and prepare meeting minutes. • Prepare Bid Addendum's (A maximum of 2 are assumed) • Attend Preconstruction Conference. The City will lead the conference, prepare agenda, and prepare meeting minutes. • Review Shop Drawings Submittals • Prepare As-Built Drawings based on the Contractor's field rediine markups to design plans. Foxes Landing LS Replacement Project Pagg g n O. S » o o s m >< e r; o » 1- ^ £ o .2 £ £ a X P ffi lu ^ o: o c .o o in CM CO lft el- ~ Ol c m M E £ ffi ™ £ £ a. M C ffi Ul ^ IK O c u- o to jS o in p £