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Home My WebLink AboutCarollo Engineers Inc; 2018-11-28; PSA19-567CAPSA19-567CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Carollo Engineers, Inc., a Delaware corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide services for assistance with City Council presentation and public hearing, and to complete water / recycled water connection fee analysis in accordance with the "Project Engineer’s Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated July 15, 2020, (“proposal”), attached as Appendix "A". 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work by June 30, 2021. Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $28,578. DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F August 5, 2020 PSA19-567CA General Counsel Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT ASSISTANCE WITH CITY COUNCIL PRESENTATIONS AND PUBLIC HEARINGS, AND TO COMPLETE A WATER / RECYCLED WATER CONNECTION FEE ANALYSIS TASK GROUP TIME & MATERIALS Task 1: Incorporate Updated Information $6,228 Task 2: Neighboring Agencies Fee Comparison $3,722 Task 3: City Council Meetings $5,862 REMAINING WORK FROM TASK 1 Evaluation of CIP Projects Applicability $5,498 Update and Finalize Connection Fee Memo $7,268 TOTAL (Not-to-Exceed) $28,578 CONTRACTOR Carollo Engineers, Inc Carollo Engineers, Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Jeffrey Weishaar, Assoc. Vice-President (print name/title) (print name/title) JWeishaar@carollo.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ Vicki V. Quiram, Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F August 5, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F July 15, 2020 PSA 19-567CA APPENDIX A Page 1 of 3 TASK ORDER NO. 2 ____________________________________ CARLSBAD MUNICIPAL WATER DISTRICT AND CAROLLO ENGINEERS, INC. This Task Order No.2 is issued by the Carlsbad Municipal Water District (CMWD) and accepted by Carollo Engineers, Inc. (Carollo) pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the 28th day of February 2018, and the Task Order No.1 (PSA19-567CA) dated the 7th day of October 2019 in connection with The Water and Recycled Water Connection Fee Analysis. PURPOSE The purpose of Task Order No. 2 is to extend Carollo’s period of performance and provide additional project budget based on the additional time required to incorporate updated financial information into the analysis, the delayed implementation of the results until 2021, and additional tasks requested by CMWD. ENGINEER'S SERVICES Carollo will update the Water and Recycled Water Connection Fee Analysis to incorporate the most recent financial and engineering data available to the CMWD after the close of Fiscal Year 2019/20. Carollo will also provide a comparison of neighboring agencies’ connection fees and be available to attend and present at two City Council meetings. The tasks are detailed below: Task 1: Incorporate Updated Information Carollo will update the connection fee calculation model to include the latest financial, engineering, and planning data available to CMWD. The information to be updated will include: FY 2019/20 Year End Financial Information 1. Fixed Asset Values 2. Fund Balances 3. Stare Revolving Fund Loan Debt Service Engineering and Planning Information 4. Updated Capital Improvement Plan Costs 5. Updated Customer Accounts by Class and Meter Size 6. Meter Equivalent Units (MEU) ratios based on installed meters Task 2: Neighboring Agencies Comparison Carollo will provide a connection fee comparison of up to 15 neighboring or nearby water and/or recycled water agencies. Carollo will identify other similar agencies served by the San Diego County Water Authority to include in the comparison and coordinate with CMWD staff to confirm which agencies are best to include. Task 3: City Council Meetings Carollo will attend up to two (2) council meetings and be available to give a PowerPoint presentation and answer questions from the Council or other stakeholders. The time allotted in the attached budget also includes time to assist with developing the presentation materials. DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F July 15, 2020 PSA 19-567CA APPENDIX A Page 2 of 3 Remaining Work from Task Order 1 Task Order No. 2 will also include the completion of task elements carried over from Task Order No. 1. These items were not able to be completed within the allotted time of performance under Task Order No. 1 since they will be impacted by the incorporation of updated data to be completed under Task Order No. 2. Carryover Task A: Evaluation of CIP Projects Relying on input and information from CMWD staff, Carollo will evaluate the planned CIP projects to determine their applicability to the updated connection fee calculation and provide input to CMWD on the use of existing connection fee funds for projects. Carryover Task B: Update and Finalize Connection Fee Memorandum Carollo will update and finalize the Water and Recycled Water Connection Fee memorandum to include the analysis and results that incorporate the updated financial, engineering, and planning information (Task 1). TIME OF PERFORMANCE Carollo’s time of performance on Task Order No. 2 will extend through the 30th of June 2021. PAYMENT Carollo shall bill CMWD for services provided under the Task Order No. 2 monthly, on a time and materials basis indicating the services performed and the cost of such services. The total estimated project budget for Task Order No. 2 is $28,578 with new tasks from Task Order No. 2 at $15,812 and carryover tasks from Task Order No. 1 at $12,766. A detailed budget breakdown is attached. Note: The budget included in Task Order 2 under "Remaining Work from Task Order 1" will replace the remaining budget currently under Task Order 1. As of June 30, 2020, Task Order 1 had a remaining budget balance of $12,777.69 DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F July 15, 2020 PSA 19-567CA APPENDIX A Page 3 of 3 Carlsbad Municipal Water District Task Order No. 2 - Water and Recycled Water Connection Fees Analysis Estimated Amendment Budget Jennifer Ivey Alex Bugbee PIC PM Rate $273 $194 $150 $230 $106 $13.00 NEW ITEMS FROM TASK ORDER 2 Task 1 Incorporate Updated Information 2 10 22 34 $5,786 $442 $442 $6,228 Task 2 Neighboring Agencies Fee Comparison 1 4 16 21 $3,449 $273 $273 $3,722 Task 3 Present at Two (2) Council Meetings 2 16 6 24 $4,550 $1,000 $312 $1,312 $5,862 SUBTOTAL: NEW ITEMS 5 30 44 79 $13,785 $1,000 $1,027 $2,027 $15,812 REMAINING WORK FROM TASK ORDER 1 (3) A Evaluation of CIP Projects Applicability 2 12 12 2 28 $5,134 $364 $364 $5,498 B Update and Finalize Connection Fee Memo 2 12 20 8 42 $6,722 $546 $546 $7,268 SUBTOTAL: NEW ITEMS (3)4 24 32 2 8 70 $11,856 $0 $910 $910 $12,766 PROJECT TOTAL 9 54 76 2 8 149 $25,641 $1,000 $1,937 $2,937 $28,578 Notes: (1) Travel and per diem (2) Project Equipment and Communication Expense (3) The budget included in Task Order 2 under "Remaining Work From Task Order 1" will replace the remaining budget currently under Task Order 1. As of June 30, 2020, Task Order 1 had a remaining budget balance of $12,777.69 Description Total Hours Total Cost Other Direct CostsPECE (2)Expenses (1) Carollo Labor Cost Analysts Engineering/ Technical Support Support and Clerical Staff DocuSign Envelope ID: C3D0EB14-C28E-4B83-AEDC-E7F9E4849D5F PSA19-567CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Carollo Engineers, Inc., a Delaware corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide services for assistance with City Council presentation and public hearings, and to complete a water/recycled water connection fee analysis in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 18, 2019, (“proposal”), attached as Appendix "A". 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty-eight working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager or General Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice CMWD for work actually DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 October 7, 2019 PSA19-567CA General Counsel Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $34,002. TABLE 1 FEE ALLOTMENT ASSISTANCE WITH CITY COUNCIL PRESENTATION AND PUBLIC HEARINGS, AND TO COMPLETE A WATER/RECYCLED WATER CONNECTION FEE ANALYSIS TASK GROUP TIME & MATERIALS Task 1: Assistance with one City Council presentation and two public hearings $27,201.62 Task 2: Water Recycled Water Connection Fee Analysis $6,800.,40 TOTAL (Not-to-Exceed) $34,002 CONTRACTOR Carollo Engineers, Inc. Carollo Engineers, Inc. (name of Contractor) (name of Contractor) *By: By: (sign here) (sign here) Jeffrey Weishaar, Associate Vice President (print name/title) (print name/title) JWeishaar@carollo.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ Vicki V. Quiram, General Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Deputy General Counsel DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 October 7, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 \\files01v\Departments\Public Works\PW Common\Agreements & Contracts\Agreements\2020 Agreements\Project Tasks\CMWD\Carollo Engineers, Inc\SOW presentations, hearings, conx fee (Carollo) Heagy GJ Edits.doc Page 1 of 2 September 29, 2019 APPENDIX A TASK ORDER NO. 1 Carlsbad Municipal Water District AND CAROLLO ENGINEERS, INC. This Task Order is issued by the Carlsbad Municipal Water District (CLIENT) and accepted by Carollo Engineers, Inc. (ENGINEER) pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above-named parties dated the 28th day of November 2018. PURPOSE The purpose of this Task Order is to provide services to CMWD for assistance with council presentations and public hearings, and to complete a water/recycled water connection fee analysis. ENGINEER'S SERVICES a.Task 1: Assistance with one (1) Council Presentation and two (2) Public Hearings. i.Carollo will assist the City with one (1) Council presentation and two (2) public hearings, which includes the following: 1.Providing the updated rates, drivers, and associated numbers for the Staff Report. 2.Reviewing the Staff Report. 3.Providing figures and slides for the presentation, as necessary. 4.Up to two (2) Carollo team members to attend the meetings. Task 1 CMWD Deliverables: • Provide Staff Report and associated documentation and presentations. b.Task 002: Water/Recycled Water Connection Fee Analysis i.Using the calculated connection fees presented in the 2019 Cost of Service Study (COSS), Carollo will review previous water and recycled water projects that CMWD has completed and find which repair and replacement projects were implemented to maintain higher capacity to serve future users. Using these results, Carollo will work with CMWD staff to identify which future projects are capacity-driven, repair and replacement, and upgrade projects and by what percentage. Carollo will take the allocation and identify what percentage can be funded through the given reserves. ii.Complete Water Connection Fee Study Report and assist with the Ordinance. Task 2 CMWD Deliverables: • Provide Staff input on future projects. • Provide Ordinance for review. DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 \\files01v\Departments\Public Works\PW Common\Agreements & Contracts\Agreements\2020 Agreements\Project Tasks\CMWD\Carollo Engineers, Inc\SOW presentations, hearings, conx fee (Carollo) Heagy GJ Edits.doc Page 2 of 2 PAYMENT ENGINEER shall bill CLIENT for Task Order No. 1 monthly, on a time and materials basis indicating the services performed and the cost of such services with a total not-to-exceed price limit of thirty-four thousand two dollars ($34,002). Detailed budget breakdown is attached. DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 Carlsbad Municipal Water District2019 Water and Wastewater Cost of Service StudyAdditional TasksAppendix B: HoursTitlePIC PM Asst PM AnalystsTechnical SupportNameJennifer IveyAlex Bugbee Kevin Tice Jeff/IngaTotal HoursScope of ServicesCMWD Master AgreementTask 01 - Council Presentations 40 20 20 80Task 02 - Water/RW Connection Fee Analysis 2 20 20 40 2 10 94City Master AgreementTask 01 - Wastewater Connection Fee Analysis 2 20 20 40 2 10 94Task 02 - Sewer Benefit Analysis 2 20 20 80 2 10 134Total Hours 6 100 80 180 6 30 402Project Team (Hours)Support & Clerical Staff2019 Carlsbad COSS - Budget Hours Schedule 110718Budget and Hours (2)APPENDIX ADocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 Attachment 1: Cost ProposalTitlePIC PM Asst PM AnalystsTechnical SupportNameJennifer IveyAlex BugbeeKevin Tice Jeff/IngaPECEHourly Rate$273 $194 $194 $150 $230 $106 $11.70 Expenses TotalScope of ServicesCMWD Master AgreementTask 01 - Council Presentations $0 $7,760 $3,880 $3,000 $0 $0 $14,640 $936 $1,500 $17,076Task 02 - Water/RW Connection Fee Analysis $546 $3,880 $3,880 $6,000 $460 $1,060 $15,826 $1,100 $16,926Total, CMWD MA $546 $11,640 $7,760 $9,000 $460 $1,060 $30,466 $2,036 $1,500$34,002City Master AgreementTask 01 - Wastewater Connection Fee Analysis $546 $3,880 $3,880 $6,000 $460 $1,060 $15,826 $1,100 $16,926Task 02 - Sewer Benefit Analysis $546 $3,880 $3,880 $12,000 $460 $1,060 $21,826 $1,568 $23,394Total, City MA $1,092 $7,760 $7,760 $18,000 $920 $2,120 $37,652 $2,668 $0$40,320Total Labor Dollars $1,638 $19,400 $15,520 $27,000 $1,380 $3,180 $68,118 $4,703 $1,500 $74,321Total Hours 6 100 80 180 6 30 402Total Proposed Fee: $74,321Project Team (Cost)Support & Clerical StaffLabor Costs2019 Carlsbad COSS - Budget Hours Schedule 110718Budget and Hours (2)DocuSign Envelope ID: C3283A14-B442-48A2-A867-5D0AB73AC225 Subject: Date: No. of Pages: Phone: Sender: URL: MAIL DOCUMENT Certificate of Insurance Delivery by ecertsonline™ THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecertsonline™ Insurance Visions, Inc. All rights reserved. Risk Strategies Company2040 Main Street, Suite 450Irvine, CA 92614 949-242-9240 www.risk-strategies.com 7/2/2019 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Sandi Moreno 8 Cert No. 49775327 - Certificate of Liability: CarolloEngineers, Inc. - Professional Liability Renewal 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 7/2/2019 Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 949-242-9240 www.risk-strategies.com CA DOI License No. 0F06675 Michael Christian Risk Strategies Company syoung@risk-strategies.com Carollo Engineers, Inc. 2700 Ygnacio Valley Road, #300 Walnut Creek CA 94598 49775327 3 City of Carlsbad is included as additional insured on a primary basis with respects to general liability. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Projects as on file with the insured including but not limited to: Agreement for Financial Services: PSA19-566CA $1,000,000 $1,000,000 $25,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000Ded: Comp/Collision $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000Each Claim: $1,000,000Aggregate: $400,000Deductible: A 6050490317 12/31/2018 12/31/20193 3 3 Deductible $0 3 E 6050490267 12/31/2018 12/31/2019 3 3 3 A 6050490303 12/31/2018 12/31/201933 3 10,000 B 6050490270 12/31/2018 12/31/2019 3 3C605049029812/31/2018 12/31/2019 N Deductible: $0 D Professional Liability AEH288354410 7/4/2019 7/4/2020 Unlimited Prior Acts Continental Insurance Company 35289 American Casualty Company of Reading, PA 20427 Valley Forge Insurance Company 20508 Continental Casualty Company 20443 National Fire Insurance Co of Hartford 20478 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 1 of 7 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Policy No: Page 1 of 2 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization’s liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured’s ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance Carollo Engineers, Inc. 6050490317 12/31/2018 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 2 of 7 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Policy No: Page 2 of 2 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Carollo Engineers, Inc. 6050490317 12/31/2018 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 3 of 7 CNA68021XX (2-13) Policy No: Page 1 Endorsement No: Effective Date: Insured Name: © CNA All Rights Reserved. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Carollo Engineers, Inc. 6050490317 12/31/2018 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 4 of 7 CNA68021XX (2-13) Policy No: Page 1 Endorsement No: Effective Date: Insured Name: © CNA All Rights Reserved. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Carollo Engineers, Inc. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 6050490267 12/31/2018 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 5 of 7 Carollo Engineers, Inc. 6050490270 12/31/2018 12/31/2018 6050490298 American Casualty Company of Reading, PA Valley Forge Insurance Company 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 6 of 7 PROFESSIONAL LIABILITY AND POLLUTION For All the Commitments you Make INCIDENT LIABILITY INSURANCE POLICY INSURED: Policy Effective Endorsement Number NOTICE ENDORSEMENT – CANCELLATION OR NON-RENEWAL We agree with you that your Policy is amended to include the following additional provisions. 1. Your Policy will not be: XX Cancelled by us until we provide at least: 10 days prior written notice if we cancel your Policy for Non-payment of Premium; 30 days prior written notice if we cancel your Policy for The following reasons: Any reason other than non-payment of premium. ___ Non-renewed by us until at least ___ days prior written notice is given to the person or entity named in 2. below. 2. Person or Entity: All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above. By Authorized Representative __James F. Willging_____________________ (No signature is required if issued with the Policy or if it is effective on the Policy Effective Date) James F. Willging Countersigned by Authorized Representative 256423 (Ed. 10/05) Carollo Engineers, Inc. 7/4/2019AEH288354410 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 49775327 | *18-19 GL-AL-UL-WC 19-20 PL ($1M/$1M) | Sandi Moreno | 7/2/2019 4:36:11 AM (PDT) | Page 7 of 7 MASTER AGREEMENT FOR FINANCIAL SERVICES CAROLLO ENGINEERS, INC. PSA 19-567CA THIS AGREEMENT is made and entered into as of the 2~ day of t-, f o~::vYY\Ape(2,,=--2018, by and between the Carlsbad Municipal Water District, a Public ~gency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Carollo Engineers, Inc., a Delaware corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a consulting firm that is experienced in financial services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to financial services. D. Contractor has submitted a proposal to CMWD under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The Executive Manager may amend the Agreement to extend it for one ( 1) additional one ( 1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager"). The Executive Manager (or designee) or General General Counsel Approved Version 6/12/18 PSA 19-567CA Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred fifty thousand dollars ($150,000) per agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 2 General Counsel Approved Version 6/12/18 PSA 19-567CA 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 3 General Counsel Approved Version 6/12/18 PSA 19-567CA 10.1.4 Professional Liability. Errors and omIssIons liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 4 General Counsel Approved Version 6/12/18 PSA 19-567CA 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name Eleida Felix Yackel Title Senior Contract Administrator Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2767 For Contractor: Name Title Address Phone Email Jennifer Ivey Project Manager 2700 Ygnacio Valley Rd, Suite 300 Walnut Creek, CA 94598 925-932-1710 jivey@carollo.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and 5 General Counsel Approved Version 6/12/18 PSA 19-567CA their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of 6 General Counsel Approved Version 6/12/18 PSA 19-567CA which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 6/12/18 PSA 19-567CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR Carollo Engineers, Inc., a Delaware corporation (sign here) · 5f". VP reffr~ w~-.~ A!)s6c. v P (print name/title) 1 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of ~;rls; Jtdtf!__ ~'«arr. President ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By )Qtl-~ ' ~puty Genera~ el 8 General Counsel Approved Version 6/12/18 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 Cal#e(nia 7" County of ~t:,,u .1) rd I On & C/W~ lJ, I 2./)/ J-before me, ll a..,__,V ({2ru 'r: / /vo k-,z f ul, If' (insert name and title of the officer) 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~ a Signature---------+---"-----(Seal) I a MARC,e" J~ FRANK 1 C'II COMM.# 2225756 -1 0 • ' NOTARY PUBLIC•CALll'ORNIAO 0 SAN DIEGO COUNTY 0 r My Commiaaion Expires I January 14, 2022 U ¥ 0 U ¥ ~ ¥ U U O ~ 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 ~ Countyof ~'J LJljO On br.kw l,(g I ?Al~ ' before me, ~t., l R-c-.., I::..; 1\,/o ~ ?,:,61, · (insert name and title of the officer) personally appeared __,,,c;.p-..;;;..._-=--~'----~--1-""""---'-+-+-+-------------,,,..,.-- who proved to me on t basis of satisfactory e idence to the person(s}-whose na i are subscribed to the within instrument and acknowle?~~ ~o me that&she/they executed the same in ~their authorized capacityfte'S), and that by ~/their signaturefsron the instrument the person.(.sj, or the entity upon behalf of which the person~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 mun official seal. r••coooooe,-,o-,o- • MARCIE J. FRANK I N COMM.# 2225756 ~ 00 NOTARY PUklC•CAUl'0IINIAO SAN DIEGO COUNTY 0 t My Commlaalon Expire• N --• . .:·r::·z 1 :· 2:22• • 1 Signature _____________ _ (Seal) Engineers ... Wcr!<mg Wonders With 1/Vater" CERTIFICATION This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate policy approved by the Board of Directors on 02/07/2011, James A. Meyerhofer, Senior Vice President, and Jeffrey A. Weishaar, Associate Vice President, are authorized to execute engineering service agreements for the usual and customary engineering business of the company. Dated: October 25, 2018 -----'---- /t;l __ __ Michael W. Barnes Corporate Secretary & General Counsel PSA 19-567CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of financial services tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Assessment Apportionments B. Economic Analysis C. Feasibility Studies D. Grant Writing E. Rate Studies F. Reimbursement Payment Request Audits G. Special District Formation Studies I Engineering Reports Requests for work not listed above must be contracted under separate agreement. 9 General Counsel Approved Version 6/12/18 PSA 19-567CA Carollo Engineers, Inc., Financial Management Group 2018-2020 Billing Rate Schedule EXHIBIT 8-SAMPLE MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Jennifer Ivey Vice President $290 2. TDB Associate Vice President $250 3. Pierce Rossum Associate $210 4. Alexander Bugbee Senior Analyst $180 5. Mark Panny, Kevin Tice Lead Analyst $165 6. Bridgette Bennett, Kim Lightner Analyst $145 7. TBD Administrative $115 SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE 1. 2. 3. 9. 10. EXPENSES DESCRIPTION COST %MARKUP 1. 2. 3. 4. 5. Master Agreement Consulting Services 10 Request for Qualification RFQ No.18-05 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strate~es Company CONTACT Risk Strateqies Comoanv NAME: 2040 Main treet, Suite 450 r.~J?NJ~ cv<I• 949-242-9240 I FAX Irvine, CA 92614 fA/C Nol: E-MAIL svounn@risk-strateaies.com ADDRESS: INSURER/Sl AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Continental Insurance Comoanv 35289 INSURED INSURERS: American Casualtv Comoanv of Readina PA 20427 Carollo Engineers, Inc. INSURERC: Vallev Forae Insurance Comoanv 20508 2700 Ygnacio Vall~ Road, #300 Walnut Creek CA 4598 INSURERD: Continental Casualty Comoanv 20443 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 45081079 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 •••<>n .,n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ 6050490317 12/31/2017 12/31/2018 EACH OCCURRENCE $ $1 000 000 ~ D CLAIMS-MADE w OCCUR DAMAGE TO RENTED PREMISES /Ea occurrencel $$1 000,000 L Deductible $0 MED EXP (Any one person) $$25,000 PERSONAL & ADV INJURY ~ $ $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 Fl [ZjPRO-DLoc PRODUCTS -COMP/OP AGG $$2 000 000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 6050490267 12/31/2017 12/31/2018 COMBINED SINGLE LIMIT $$1 000 000 /Ea accident\ ~ L ANY AUTO BODILY INJURY (Per person) $ ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY ~ AUTOS L HIRED ,-!"..... NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accidentl Ded: Como/Collision $ $1 000 A L UMBRELLA LIAB H OCCUR 6050490303 12/31/2017 12/31/2018 EACH OCCURRENCE $ $1 000 000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ $1 000 000 OED I ✓ I RETENTION $10,000 $ B WORKERS COMPENSATION 6050490270 12/31/2017 12/31/2018 I PER I I OTH-Deductible: $0 AND EMPLOYERS' LIABILITY ✓ STATUTE ✓ ER C Y/N 6050490298 12/31/2017 12/31/2018 ANYPROPRIETOR/PARTNERIEXECUTIVE [ill E.L. EACH ACCIDENT $$1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ $1 (1(1(1 /1/1/1 If yes, describe under E.L. DISEASE -POLICY LIMIT $$1 000 000 DESCRIPTION OF OPERATIONS below D Professional Liability AEH288354410 7/4/2018 7/4/2019 Each Claim: $1,000,000 Unlimited Prior Acts Aggregate: $1,000,000 Deductible: $400,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to: Master Agreement for Financial Services: PSA19-567CA City of Carlsbad is included as additional insured on a primary basis with respects to general liability. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE //'~-/' 7-) ~.-';,' ,,., .. -:-:. 1//,:::..•.,/' .,•·") LA'4 "7. c.:,..-i,/,/~i.-·, I Michael Christian ' /'~ , ... © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 45081079 I "'17-18 GL-AL-UL-WC 18-19 PL ($1M/$1>1) I Debbie RL:hie I 10/26/2C18 8:22:59 AM (PDT) I Page:. of 7 C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 Insured Name: Carollo Engineers, Inc. Policy No: 6050490317 Endorsement No: Effective Date: 12/31/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. 4':,081079 I ~17-18 GL-AL-UL-WC 18-19 PL ($1M/$1Y1) I Debbie RL::::hie I 10/26/2C18 8:22:59 AM (PDT) I Page 2 of 7 C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAl;- LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Insured Name: Carollo Engineers, Inc. Policy No: 6050490317 Endorsement No: Effective Date: 12/31/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4)081079 I '17-18 GL-AL-UL-WC 18-19 PL ($1M/$J>1) I Debbie Ri:::hie I 10/26/2Cl8 8:22:59 AM (PDT} I Page 3 of 7 CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York NY 10163-4668 CNA68021XX (2-13) Page 1 Insured Name: Carollo Engineers, Inc. © CNA All Rights Reserved. 4';08107'9 I '"17-18 r:;L-AL-UL-WC 18-19 PL ($1M/$1:-:1) I Debbie Ri:::hie I 101)r.;/2Cl8 8:22:59 AM (PDT) I Pa~e 4 of 7 Policy No: 6050490317 Endorsement No: Effective Date: 12/31/2017 CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York NY 10163-4668 CNA68021XX (2-13) Page 1 Insured Name: Carollo Engineers, Inc. © CNA All Rights Reserved. ,;'J0B1079 I *17-18 GL-AL-lJL-WC 18-19 PL (SlM/$1:.'-l) I Debbie RL:hie I 10/)6/2(18 8:22:59 AM (PDT) I Page 5 of 7 Policy No: 6050490267 Endorsement No: Effective Date: 1213112017 Carollo Engineers, Inc. CNA I It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Endorsement Effective DatA: 12/31/2017 Endorsement No: Underwriting Company: • American Casualty Company of Reading, PA Valley Forqe Insurance Company "' CNA All Rights Reserved. Workers Compensation 45081079 I *17-18 GL-AL-UL-WC 18-19 PL ($1M/S1M) I Debbie Richie I 10/26/2018 8:22:59 AM (PDT) I Page 6 of 7 ~.,u Policy No: 6050490298 Policy Effective Date: 12/31/2017 CNA For All the Commitments you Make PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY INSURANCE POLICY INSURED: Carollo Engineers, Inc. Policy AEH288354410 Effective 7/4/2018 NOTICE ENDORSEMENT CANCELLATION OR NON-RENEWAL Endorsement Number We agree with you that your Policy is amended to include the following additional provisions. 1. Your Policy will not be: XX Cancelled by us until we provide at least: 10 days prior written notice if we cancel your Policy for Non-payment of Premium; 30 days prior written notice if we cancel your Policy for The following reasons: Any reason other than non-payment of premium. Non-renewed by us until at least days prior written notice is given to the person or entity named in 2. below. 2. Person or Entity: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York NY 10163-4668 All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown above. By Authorized Representative -~Ja=m=e~s=--------cF~.'--------'W~i~l~l~g~i~n~g'------------- (No signature is required if issued with the Policy or if it is effective on the Policy Effective Date) James F. Willging Countersigned by Authorized Representative 256423 (Ed. 10/05) 45081079 I ""17-18 GL-AL-UL-WC 18-19 PL ($1M/$1:-1) I Debbie Richie I 10/26/2018 8:22:59 AM (PDT) I Page 7 of 7