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Home My WebLink AboutMatchpoint Water Asset Management; 2017-05-17; UTIL1557UTIL 1557 AMENDMENT NO. 1 TO AGREEMENT FOR LEAK DETECTION SURVEY OF DISTRIBUTION SYSTEM MATCHPOINT WATER ASSET MANAGEMENT 5) T~endment No. 1 is entered into and effective as of the ,9.J A...Q day of (: ~ , 2017, amending the agreement dated May 17, 2017 (the "Agreement") by and between 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, ("CMWD"), and Matchpoint Water Asset Management, a North Carolina corporation, ("Contractor") (collectively, the "Parties") for leak detection survey of water distribution system. RECITALS A. The Parties desire to alter the Agreement's scope of work to include approximately 315 additional miles of the city's water mains to conduct system leak surveys; and B. 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, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one hundred thousand dollars ($100.000). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed sixty five thousand dollars ($65,000). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" by May 17, 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 Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill General Counsel Approved Version 9/27 /16 UTIL 1557 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 By: ~ /~ch-e-re_) ___ __ 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~ KE RAWFO D Ex~veManager ATTEST: { ) ,1 A• \.,.,lL1rY)c'--./'+1-h.1 1l1Z--m1:l,i(_../ /4-t;-r..__ BARBARA ENGLESON () Secretary 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:-~---'-----~'----- Deputy General Counsel General Counsel Approved Version 9/27/16 2 EXHIBIT A August28 17 MATCH POINT SCOPE OF SERVICES AND FEE Matchpoint to perform the leak detection survey and pinpointing services of the additional and entire 315 miles of the water distribution system for the not-to-exceed amount of $65 ,000. Proposal for the City of Carlsbad, CA for Le ak Detection and Pinpointing Survey Matchpoint Water Asset Management Inc. Contact Name: Sim on Wick, Vice President Physical address: 1508 Military Cutoff, Suite 302, Wilmington, NC 28403 Mailing address: PO Box 12448, Wilmingt on, NC 284-05 P: 910-509-7225 Email: simon.wick@matchpointinc.us PO B o x 12 448, Wi l mington, NC, 28405 Table of Contents Cover Letter .................................................................................................................... 3 History & Experience: Company Overview .................................................................. 4 Project Plan: Leak Detection Methodology .................................................................. 5 Company Qualifications: References .................................................................................. 13 Personnel Qualifications ................................................................................................ 15 Pricing .............................................................................................................................. 18 Addendum: Standard Terms and Conditions 2 August 28, 2017 City of Calsbad Attn: Mario Remillard 5950 El Camino Real Carlsbad, CA 92008 Dear Mario, @ MATCH POINT Matchpoint Water Asset Management (MWAM) is pleased to submit to the City of Carlsbad, the enclosed proposal to perform a Leak Detection Survey and Pinpointing Services on approximately 315 miles to address and reduce non-revenue water (NRW). Water is the world's most valuable resource and we realize the need to preserve it from a fiscal, humanitarian, and environmental perspective. Leak detection services offer a comprehensive solution for achieving effective and efficient water asset management. We look forward to your feedback upon review of the proposal. Please do not hesitate to contact us should you have any questions. Sincerely, Simon Wick Vice President Cell: (904) 305-0333 Simon.wick@matchpointinc.us ····················-····---------------- Part 1 -HISTORY & EXPERIENCE COMPANY OVERVIEW Matchpoint Water Asset Management Inc. (MWAM), a national service provider and distributor of water network management equipment, has been providing real and apparent water loss solutions since 2007. In recent years MWAM expanded to include comprehensive solutions, such as risk management & condition assessment packages. MWAM, a corporation based out of Wilmington, North Carolina, boasts over 100 years of combined water industry experience and currently operates nationwide and in six countries. Our equipment suppliers have been hand selected to include only companies with proven technology that yield positive and consistent results. • Serviced area to date Customer service and satisfaction are our main objective, and in 2016 we earned a 4.74/5.00 on our quality control surveys. Columbus Water Works, a client out of Georgia, remarked: "Match point's level of service is second to none. Every employee we have dealt with has been knowledgeable and helpful." The majority of leak detection manufacturers are housed overseas. The risks bared from working with such companies include long lead times and lapses in support services. To better serve our customers MWAM has opened a repair and service center in North Carolina to mitigate these risks. Moreover, MWAM has a designated Support Services team and offers lifetime support with the supply of oµr equipment. 4 Part 2-PROJECT PLAN LEAK DETECTION METHODOLOGY Matchpoint leak detection services are traditional, non-invasive, and are reliant on acoustic technology combined with personnel expertise. Our leak detection approach has been refined over the lifetime of our company to ensure optimum customer satisfaction, effective communication, and precise results. We abide by a comprehensive process that maximizes the potential of reducing water loss and minimizes the likelihood of dry holes, or excavating a leak-free hole. All services will be executed to meet, and very often exceed, the best practices listed in the A WW A Manual of Water Supply Services (M36) and will be performed at the highest level of health and safety standards (OSHA safety standards). WORKFLOW PLAN SURVEY Reporting: Dally, Weekly, and Monthly Loak Repaired By Customer The Matchpoint crew will deploy acoustic technology to sound all 315 miles of the distribution system. This initial step highlights anomalies within the network, which then allows for additional leak detection activities to be prioritized. 5 Final Report The initial survey will be executed using acoustic noise loggers and/ or an electronic listening stick to identify points of interest. We will select the most efficient and effective solution for each area based on pipe material and other factors. The Phocus3 acoustic noise loggers will be used in "lift-n-shift" mode and deployed during daytime hours at relevant and sensible spacing (as close as possible on PVC mains and no greater than 500 feet apart on AC & metallic mains). The acoustic noise loggers go "live" and listen at night when the distribution system is at its highest pressure and the ambient noise/usage is at its lowest. The loggers record actual audio leak noise each night and the data is gathered for analysis every morning. Any identified leak noise will require further investigation through pinpointing and confirmation In any busy areas, for PVC pipe, or other suspect areas we will sound every service and fitting available with any combination of a electronic listening stick, ground microphone and/or acoustic noise loggers. There are three potential outcomes from the initial system survey: 1. Leak Identified: If a leak noise is identified then we will do further investigating to determine if it is indeed a true leak through pinpointing and confirmation testing. a. Pinpoint After the initial survey we execute the correlation, or pinpointing, phase in order to determine the legitimacy and exact location of leak noises discovered, using a Eureka3 real time noise correlator. For more difficult jobs and/or complex sites, we will deploy Enigma non-real time correlating no,ise loggers in the suspect area. The Enigma will log sound data during nighttime hours and our crews will collect the data for analyzing the following morning. Examples of when this equipment could be used include: very busy intersections, often with multiple pipes, and/or very quiet leaks, which are difficult to correlate during normal working hours. The Enigma uses wet fittings to listen for leakage, and is also the most appropriate tool for PVC or large mains . b. confirmation: Each time any leak is highlighted in the pinpointing process the leakage technician will verify this result is as correct and as accurate as possible by carrying out the confirmation process. We use a combination of skills and equipment in this process using an advanced ground microphones and listening sticks, carrying out visual checks. This part of the process is the most critical and greatly increases the accuracy of our work and in return reduces false excavations known as 'dry holes'; thus saving you time and money. 6 ··········----·-··--·--------·----·--- It the noise is a valid leak then the area will be physically and visibly marked and the leak will be recorded through GPS software. All confirmed leaks' details would be included on the daily leak report card, as well as the weekly, monthly and final reports. 2. System Defects Located: Any other defects noticed in the distribution system during the survey will be included on all reporting. 3. No Leak Found: If no leak is identified during a given day, then no more action is needed. Yet, we will report that there was no identifiable leak on the surveyed area of pipe on the particular day in all reports. It is the responsibility of the customer to repair the reported confirmed leak(s) in timely manner in order to reduce further water loss and for overall efficiency and NRW reduction. Once the repairs have been made, we will re-survey the repaired area to affirm it remains a leak-free zone, if and only if we are still on-site, unless specified elsewhere in this proposal and/ or priced accordingly. REPORTING All reporting will be completed in a timely manner and delivered to the representative of your choice. Per our workflow plan, we will report all progress made on a daily and weekly basis, with a comprehensive report delivered upon completion of the project. 1. Daily If a leak is discovered then it will be accounted for in a daily "Leak Card" and submitted to the representative of choice on that same day of discovery. The leak card will include the following details: • Project name • Leak address: physically address (if possible) • Leak urgency: Whether the leak is minimal, moderate or needs immediate attention • Gradient: Surface material of leak area • Leak connection type: Whether the leak was found on a main, service, fitting • Pipe size ofleak location if known. • Pipe material of the found leak if known. • Leak detection method used to find leak • Whether water is visible from street level • Person submitted to: Utility representative that leak cards are given to daily • Leak GPS Coordinates (in Latitude and Longitude) 7 ----------····--------------------- • Estimated Water Loss: Our leak detection personnel use the Db level (minimum consistent noise level), frequency (Hz), pipe material, pipe diameter, distance of contact point from the actual leak, and their depth of skill and experience to conservatively estimate the volume in Gallons per Minute (GPM) of each leak. • Leak description -Notes about the leak or location • Photo of the leak and/or leak location • Signature and date of leak technician who executed the daily survey and report @ MATCH POINT Matchpoint Water Asset Management Water. That's the Point. 215 RACINE DRIVE, SUITUOl WILMINGTON, NC. 28403 Project KUB Urgency: Modarem, Gradient: Asphelt look Typo: LHk Ottactlon Method: SoundlngfLogg;r Vlslblt Water: Lattitude: 15.941295 GALLONS,_,. MINUTE: Matchpolnt Estimated GALLONS ,u DAY 12• Hour,): GPM OALLONI ,&A MONTH (30 Day1); LHhgt Technician: David Gunder5on Addrt11: 2050 Medical Center Way IJ• io Pipe Siu : S.in PIP9 Material: DI No Person Submitted To: f.1r. Drew t<eller !Date: .SJ.94122.A Leal: Dtscriptionl(omment. Poseible Leak on ti inc.h ductiJ~ mam Milr UT Hosprt;;M pump atation. Luk was 1dentififrd with 3M luygon, Eniwm,t cocrd.lt1on ,1nd ground miking. A la,ge amoun.t o1 background noise from U'l.e UT HoS4>1tal pump atatJon and 11.ir11fo1nwr1, ~d be isclaJed for ftu111er mvti.tigaUon to confhm tear.toe and location. May lO, 2017 8 2. Daily /Weekly Along with daily leak cards, a short narrative of the workday and following day's activities will be provided daily. A progress report will also be submitted weekly. The weekly progress reports are submitted in an excel spreadsheet and will include the following tabs and information: • Summary -Summarizes all information about the project status and details within the file in a dashboard type overview. !ProJ•ct Contract~: ! !00.00 I !Project Complete To Doto: 100.00lt I Mlle 1oays Compeud On Praje<t lo..rall Systam lab Found To Data: !o..rall Gl'I\A loll found To Date: 1w11erlo$1 Per.Mlle (In GPMJ: I-ace Leak Sire (In GPM): iAverace Flttlop ht MW.: Addltlonaf Pro Info: Contr,ct is for 100 miles of LOS 100.00 0.00 18.00 80 128.65 0.80 L29 l.61 2562 26 ••• j Leak"Type Visible v. Non-Visible I l Leaks ' ; \ • j 'l fittin«s Cottom., L••n i ! Leaks by Size ll ,10 I i ti-10 ~ : l ~~~ [_;__ 2: _ ---·. -J . '° 0 S 10 IS 20 25 30 35 40 <IS SO Quonltty • Daily Report -contains information that recaps the daily distance covered as well as the type, quantity & estimated water loss (in gallons per minute) for any leakage found for each day. I ...... w-• ... ,_.. liilma~a .... "" ...... October 31, 2016 1 ,.95 0.00 0.00 0.00 ! Novomb;:,r l , 2016 1 10.SS 0.00 0.00 0.00 November 2. 2016 1 6.44 0.00 0.00 0.00 November 3. 2016 1 2.B ~-00 0.00 2.25 -Totals IO,IM 4.00 0.1111 2.25 .. • Weekly Report -compilation of the data from the "Daily Report'' tab and other project details for each week that MWAM is on site. Week w .. Days Total MIia Flltlnp 5erlllce Rtfllt&t/ Distribution Total EULolt • Techs !ndln, Spent Noun Coftred Sounded Mains. Pipe Hydrants cs-. Lab Nun!llerof 8PM Lieb Found 1 DG/JR 5/6/17 3 60 24.60 359 2 0 4 4 6 10 41.00 2 DG/JR 5/13/17 4 80 26.69 210 0 0 3 0 3 3 0.85 3 DG/JR/IJ 5/20/17 5 80 36.52 485 0 3 3 3 6 9 5.10 9 • Leak Spreadsheet -This tab includes all details fo r leakage identified (Leak Cards generated) to date on the project, which is also presented to your staff daily at a minimum. , .• LI)-'e;, IIPT fw:-.._ LMk-• IMIIO.. Leslc . flltlnt "-G!Mnd Pipe Pipe UNdlO loch Ill---Ropll,9d? HT LeMDoocrlplloft l..oftglludo ,._ ,._ ,.._ --Plnpolnl -Up Leslc GIJII - 1 1 3120·17 fitting Curb Stop Minimum Grass Copper 0.7S Sounding OG No Yes Ve~ No 0.25 Inlet leak at the curbstop, -93,23178 921 Lee Ave in meter box #13445077 32 Hydrant valve not seated, 1 2 fBC Life Cen1e, s. 3 20117 Fitting Hydrant Minimum Grass 01 6 sounding 0G No Yes Yes No 0.5 further inspection found ·93.2302441 Sunshioe St. water gUigling in the birrel. Hydrant vaNe not seated, _93 2296! Mockingbird Ln. @ 3;21, 17 Fitting Hydrant M,nimum further inspecnon fOund 1 3 Michel ln. Grass 01 6 Sounding OG No Yes y .. No 0.5 water gurgling in the barrel. • Customer Leaks -This tab lists the location and quantity of all suspected/identified customer side leaks discovered throughout the project along with notes pertaining to the d' . d h . 'bl ff NRW con 1t1on an t eir poss1 e e ecton Date& ~ Time Number Location/Comments ,:fidinlcl;an ,; ,14 ., ' " " 5/2/17 1 1406 Autumn l n. NE JR 5/2/17 2 1814 E. Mansfield Dr . JR 5/2/17 3 1806 E. Mansfield Dr. JR 5/3/17 4 2207 Fenwood Dr NE JR • System Notes -This tab provides information on any system defects or concerns found during the project that we want to bring to your attention. This information may or may not be related to NRW reduction but is generally useful for your distribution upkeep and maintenance. It also includes any shut off locations: areas of the system where a valve may need to be isolated to fi l k con irm ea age. Date& Location N~-Technician Shut Off Date& Notes Time . '!\ "" Location nme verify possible 5/3/17 1807 Mac-Alice Dr. Broken meter box Jan Rucker 608 Midlake Dr. 5/11/17 leak verify possible 5/3/17 2622 Radnor NE Broken Meter Box Jan Rucker 5225 Ballard Dr. 5/11/17 leak 4934 Fragrant verify 5/4/17 1906 Belcaro Dr Broken Meter Box/Air Release Jan Rucker 5/17/17 possible Valve Cloud Ln. leak • Acoustic Logger Deployment -This tab details the location and results of any acoustic noise loggers that were deployed along with follow up notes for loggers that indicated where leak noise might be present. 10 32 - 36.6408453 36.6420859 36.6471455 .. -- location Date Deployment Leak Critical Date No. Deployed serial No. Address/Site Info Connedlon Confidence Nolle Relrleved Technician Cotnments ., Type Factor Factor "' 1 5/2/17 148161 Tower Dr-N-Central Ave. Valve 1 11 5/3/17 DG 2 5/2/17 148182 Pratt Rd-E-Tower Dr. Valve 1 10 5/3/17 DG 3 5/2/17 147978 Caron Dr-N-Lawrence Rd. Valve 1 14 5/3/17 DG 4 5/2/17 147976 Stratford Park Blvd-N-Valve 1 14 5/3/17 DG Arlington St. 3. Project Summary Report All project details and results will be compiled and submitted to your representative of choice within 10 days of completing the survey in a Project Summary Report. The report will include the following: • Scope of the project • Results of the survey • Copy of the final weekly report • Combined file of all the leak cards • GIS of GPS file (if applicable) • Correlation files for confirmed leaks (if applicable) • Conclusions /Recommendations regarding the water system and for further advancing non-revenue water THE TECHNOLOGY The equipment we use to execute our services has over a decade of proven technology with yielding accurate results. We test our equipment prior to project start date to ensure accuracy and will re-calibrate if necessary to the equipment's proper functionality. More specifically, MWAM utilizes Primayer, Hydreka, and Rycom technologies to carry out all leak detection surveys and services. Equipment Primayer Phocus3 Acoustic Noise Logger and Communication Module Primayer Eureka3 Advanced Noise Correlator Survey Localize LeakSurve Pinpoint ,/ Confirm ---···· --···----·-·· ·--···················--···········--· Support 11 Primayer Enigma Non-Real Time Advanced Correlating System Primayer Enigma hy-Q Advanced Non-Real Time Correlating System (for all PVC pipes and pipes over 16" in diameter) Rycom Stick 3 Box Locator/ Pipe Tracing Vehicles: Equipped with all signage, safety equipment, and surveying equipment necessary -S:il-1@ -'"·--1 , .... "_' " ,/ ---------------------------------·-. ·······---··-------------····--····· 12 Part 3 -QUALIFICATIONS REFERENCES In the chart below, and supporting paragraphs that follow, we have summarized a hand-full of our noteworthy projects for your ease of reference. A complete list of our references is available upon request. Leak Detection Survey Leak Detection Detection/ Leak Detection Survey System Survey Survey systems First Survey: 266.65 miles 400 miles of LOS LOS 75 Days of Leak 100 miles of Leak Detection Surveys 250 miles of Leak split between 6 Second Detection Surveys Contract 1 -50 Detection Surveys utilities Survey: days 1,305 miles split 1,200miles Contract 2 -25 between 25 utilities LOS days Michael Burnside Jason Bodwell Ted Tyree Tad Clarkson Jim Siriano 972-547-7366 865-558-417-294-2184 802-585-4889 404-584-1129 mburnside@mckinney Jason@gefa.ga.gov 2743 tclarkson@ jim.siriano texas.org ted.tyree@ bransonmo.gov @·state.vtus kub.org 11/02/15- 5/5/14-8/4/15 -01/21/2016 6/20/16-7/26/16 5/29/14 & 3/20/17 -4/06/17 11/28/16 6/16/2017 thru 5/23/17 thru Present Present Present City of McKinney, TX MWAM was awarded the contract to perform a 250 mile leak detection survey in 2015. In total, 164 distribution and 179 suspected customer leaks were identified and confirmed while conducting the leak detection survey. Only 8.6% of the discovered leaks had visible water. The total 343 leaks discovered have a 13 -----------------------------·-------------------------- combined leakage rate estimated at 37 4.00 gallons per minute. Once repairs are completed, the City will save approximately 538,560 gallons per day, or 16,381,200 gallons per month, or 196,574,400 gallons per year. Georgia Environmental Finance Authority (GEFA) In late 2015, Matchpoint was awarded a contract with GEFA to perform 400 miles ofleak detection services, which was split between 6 pre-selected utilities. We conducted a survey for each of the 6 utilities and in total found 176 leaks. Once the repairs are complete, an estimated 127,773,360 gallons of water will be saved across the state of Georgia per year. We have been requested by a few of the utilities to perform additional work outside of the scope of the contract with GEFA. As of June 16, 2017, we were awarded a contract to perform 1,305 miles of leak detection services, split between 25 utilities. This project is ready to begin. Knoxville Utility Board (KUB), TN This project was initially awarded for leak detection services of 211 miles of CI pipe in the oldest part of the city area. The project was expanded to include an additional 5 5.65 miles of pipe. Performance and schedule were very important to this customer and we delivered, maintaining our reputation of exceptional customer service. A total of SO distribution leaks were confirmed. These leaks totalized a conservative 441.5 gallons per minute or 635,760 gallons per day water loss recovered. We were awarded another leak detection project, this time for 1200 miles, with KUB in early 2016 and have just started another in 2017. Branson,MO MWAM was awarded a contract to perform 100 miles of leak detection through a competitive bid. We used a combination of acoustic loggers, manual sounding and correlation leak detection techniques throughout the 18-day leak detection survey. We discovered a total of 102 leaks (80 distribution side and 22 customer side) throughout the 100 miles of the city's distribution system. The leakage rate of the combined distribution leaks discovered is estimated at 128.65 gallons per minute. Only 3% of the leakage found had visible water. Once repairs are completed, the city of Branson, MO will save approx. 67 million gallons of water per year. Vermont Department of Environmental Conservation This project was awarded for up to 50 days ofleak detection in 2015 and then renewed for an additional 25 days in 2016. The contract days are split across multiple systems awarded within the state. MWAM is has received the 2017 contract as well. 14 PERSONNEL QUALIFICATIONS While we are heavily invested in our water loss prevention products, our people are our greatest asset. MWAM's culture recruits exceptional talent and maintains highly qualified and experienced personnel. Below is information on our key personnel. Simon Wick, Vice President An internationally recognized expert in the field of non-revenue water, Simon came up through the ranks of a UK water company and over his tenure rose to the position of Chief Inspector. When Simon left, he left behind the lowest ever recorded level of water loss the company had witnessed. Matchpoint was introduced to Simon during a facilities tour of Leak Detection equipment manufacturers. His personal and professional skill set made him the perfect candidate to launch our Water Asset Management business. In 2009 Simon joined Matchpoint to share his knowledge in the US with immediate results demonstrating to utilities how they can partner to reduce their NRW. He has been involved in the DMA design, implementation, management, and monitoring of leak detection work including correlations, testing, planning, and implementing the latest technology; while ensuring that current regulations are met by utilities. Simon has led all Matchpoint Water Loss Recovery projects since he started with Matchpoint. Training and Certifications: NVQ level 2: water distribution, NVQ level 3 customer service, EU and US Water Asset Management; A member of A WWA, GRWA, GAWP and has been awarded a Bachelor's Degree in Engineering Management. Tony Popolo, Field Operations Director Tony was recruited by Matchpoint 6 years ago to develop our GPS/GIS program. His knowledge, gained over a decade, of experience in GPS/GIS consulting and project coordination have proven valuable to our internal and external customers. His leadership skills soon propelled him to the position he occupies today. Tony has vast amount of experience in the field of leak detection, meter testing, meter installation, and project management. Recently, Tony has broadened his role into the expanding water asset management portion of the company through: project scheduling, client coordination, planning, estimating, and logistics. He is also actively engaged in the research and development of the company's future endeavors regarding other utility services and products. Training and Certifications: OSHA 30-hour safety training certification, U.S.A.C.E. QA/QC requirements certificate, level 2 certified survey technician, EU and US Water Asset Management and has additional training in Trimble GPS software and equipment as well as manufacturers' software and installation training for various metering technologies. Ariel Fernandez, Support Services/ Service Center Director Ariel was chosen out of our AMR/ AMI group to learn the craft of water assent management. His extensive travel on Matchpoint's projects throughout the Caribbean and North America has given Ariel access to the finest minds and technology in the industry. Ariel has a vast amount of experience in the field of meter installation, meter testing, leak detection, and project management. Currently, Ariel is responsible for all Technical support of Primayer and Hydreka product sales including customer demonstrations, presentations, and all support needs. Ariel also conducts all internal/external leak detection and water asset management training. Ariel is dedicated to promoting Matchpoint and their ambitions to ensure that every 15 gallon of water collected from the environment is accurately accounted for and that the consumers have the information necessary to ensure maximum efficiency. Training and Certifications: Confined Space/Permit Required Safety Training, EU and US Water Asset Management, Matchpoint Certified Operator, Matchpoint Certified Trainer, Leak Detection Certified Technician, Trimble CPS operation and data management, Insertion Flow Meter Training, NRW /DMA Management Pipe Location training. Jan Rucker, Support Services Manager Jan came up through the Matchpoint apprenticeship program. His keen understanding of the industry, along with a thirst for technology put him on a fast track to lead the Support Services team. Jan travels extensively to our manufacturing partners' facilities and functions as the leader for field applications of Leak Detection technology and practices. Jan leads all product and leak detection methodology training (both on-site and classroom), and provides technical assistance to our customers and Area Account Managers. Training and Certifications: OSHA General Industry (30-Hour Safety), Confined Space/Permit Required Safety Training, Meter Testing Certification, EU and US Water Asset Management, Matchpoint Certified Operator, Matchpoint Certified Trainer, Leak Detection Certified Technician, Trimble CPS operation and data management, Insertion Flow Meter Training, NRW /DMA Management, Pipe location training Austin Deaver, Project Manager/ Support Service Technician Austin was recruited by Matchpoint for his industry knowledge, his attention to detail, his strong communication skills, and his ability to lead. His extensive knowledge in meter installation makes him an asset to our team; there is no metering question that Austin can't answer. He is also thoroughly knowledgeable in leak detection methodology and practices. Austin has been essential to the success of many Match point projects. Training and Certifications: OSHA General Industry (30-Hour Safety), Confined Space/Permit Required Safety Training, EU and US Water Asset Management, Matchpoint Certified Operator, Leak Detection Certified Technician, Insertion Flow Meter Training, Pipe Location Training, Trimble CPS operation and data management. David Gunderson, Engineer /Project Manager David is a valuable asset to our team, as he can offer 30 years of experience in leak detection and the water industry. Before David joined Match point, he worked for ADS Environmental services. He has extensive field experience in meter tests, district measurements, flow and pressure measurements, loss of head tests, fire flow tests, hydraulic gradients, and pump tests. He has conducted engineering studies, hydraulic field tests, trunk main surveys, and leakage surveys across the U.S. He has assisted over 300 municipalities in water conservation techniques, water audits, leak detection, and hydraulic field measurements. 16 Training and Certifications: Bachelors of Science Degree in Civil Engineering, EU and UK Water Asset Management, Leak Detection Certified Technician Isaiah Jaeger -Project Manager Isaiah was a leader of our AMR/ AMI installation management group and transitioned over to our leak detection division to learn the craft of water assent management. He has over 5 years of experience in water distribution systems. His extensive travel on Matchpoint's projects throughout North America has given him access to the many of the methods and technology in the industry. Isaiah has a vast amount of experience in the fields of meter installation and software implementation, meter testing, leak detection methodology, GIS mapping, DMA meter installation and project management. Currently, Isaiah is responsible for management of leak detection, DMA management, and meter installation projects he is assigned too along with all responsibilities that fall under that role. Isaiah is dedicated to promoting Match point and their ambitions to ensure that every gallon of water collected from the environment is accurately accounted for and that the consumers have the information necessary to ensure maximum efficiency for any system they may be evaluating. Training and Certifications: Confined Space/Permit Required Safety Training, OSHA General Industry (30-Hour Safety), EU and US Water Asset Management, Mag meter installation and programming, Badger & Aclara certified installation manager, Leak Detection Certified Technician, Trimble GPS/G/S operation and data management, Insertion Flow Meter Training, NRW/DMA Management Pipe Location training. ***Any one of our Project Managers are qualified and able to execute these services 17 Part 4 -PRICING COST We will perform the Leak Detection survey and Pinpointing Services for 315 Miles for $65,000.00 18 ~ MATCHP1 OP ID· r.i:> ACORD' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDD/YYYY] ~ 09/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 Heu of such endorsement(s). PRODUCER 910-762-2489 ~~CT Carol Palmer George Chadwick-Insurance PHONE . 910-762-2489 I 00~. No): 910-763-8006 3301 Wrightsville Avenue (A/C, No, Ext). WIimington, NC 28403-4195 ~ss: cpa1mer@chadw1ckmsurance.com George H. Chadwick Ill INSURER!Sl AFFORDING COVERAGE NAIC# INsuRERA, First Liberty Insurance Corp INSURED Matchpolnt Inc & Matchpolnt INsuRERe, Ohio Casualty Insurance Water Asset Management Inc INsuRERc, Liberty Mutual Fire Insurance PO Box 12448 WIimington, NC 28405 INsuRERD, Underwriters at Lloyds of INSURERE: INSURERF: --~•--A"":&:~ :ATi::'. NIIMRS::D• ~---·-;-111I IMRS::D• 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 AfN REQUIREMENT, TERM OR CONDITION OF AfN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~~~ I~~ POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR C X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,__ :J CLAIMS-MADE [K] OCCUR ~~~~J9F~E~l~AruoA1 100,000 X X TB2Z51291447027 09/01/2017 09/01/2018 $ MED EXP /Anv one oerson l $ 5,000 ,__ ,__ PERSONAL & N)V INJURY $ 1,000,000 2,000,000 Fl 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY D ~~& D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER I C AUTOMOBILE LIABILITY ~<;.~~~~1~1NGLE LIMIT $ 1,000,000 X ANY AUTO IAS2Z51291447017 09/01/2017 09/01/2018 BODILY INJURY (Per person) $ ,__ OWNED -SCHEDULED ,__ AUTOS ONLY f--AUTOS BODILY INJURY /Per accidentl $ -~Flfug, ONLY f--~tti"6~t9 Ffe9~~§~~£AMAGE $ $ B X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 -UUO55256698 09/01/2017 09/01/2018 5,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ / OED I X I RETENTION $ a $ A WORKERS COMPENSATION I~~%,= I I OTH- AND EMPLOYERS' LIABILITY FR YIN X IWC6Z51291447057 01/30/2017 01/30/2018 1,000,000 ANY PROPRIETOR/P ARTNER/EXECUTVE D EL EACH ACCIDENT $ ~FICER/M1'jM'fJW EXCLUDED? N/A 1,000,000 andatory n ) EL DISEASE -EA EMPLOYEE $ If yes, describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT D PROFESSIONAL & ENC000010601 03/22/2017 03/22/2018 AGGREGATE 2,000,000 POLLUTION OCCURRENC 1,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) City of Calsbad is Additional Insured. Waiver of Subrogation applies. See included form LC20580117 blanket additional insured and LC04430117 blanket waiver of subrogation on GL policy. See included form WC000313 blanket waiver of subrogation on WC policy. 30 day cancellation notice applies except nonpay cancel. CERTIFICATE HOLDER CANCELLATION CITYCA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD c/o Exigis Insurance AUTHORIZED REPRESENTATIVE Compliance Services ~~ PO Box 4668 ECM#35050 1lll<>w York NY 101 i::~ ACORD 25 (2016/03) @1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TB2-Z51-291447-027 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCLA.L GENERAL LLA.BILITYCOVERAGE PART Index of modified items: Item 1. ltem2. ltem3. ltem4. Items. ltem6. Item?. ltem8. ltem9. Item 10. Item 11. Item 12. Item 13. Item 14. Item 15. Item 1. Reasonable Force Non-Owned Watercraft Extension Damage To Premises Rented To You-Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose Bodily Injury Redefined Supplementary Payments -Increased Limits Property In Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Contractual Liability -Railroads Reasonable Force Exclusion a. of Section I -Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury'' or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury'' or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I -Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: (2) Awatercraftyou do not own that is: (a) Less than 55 feet long: and (b) Not being used to carry persons or property for a charge: Item 3. Damage To Premises Rented To You -Expanded Coverage A. The final paragraph of 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: LC 04 43 0117 © 2016 Liberty Mutual Insurance Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., v.ith its pernission. Exclusions c. through n. do not apply to damage by fire. lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill -Limits Of Insurance. B. Paragraph 6. of Section Ill-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to a'1}1 one premises, while rented to you, or in the case of damage by fire, lightning. explosion or subsequent damages resulting from such fire. lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract'' in Section V-Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1 ). (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises. including the contents of such premises. rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill-Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section 11-Vvho Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability compa'1}1) or your managers (if you are a limited liability company)) or '\olunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of y0ur business with respect to "bodily injury': (1) To y0u; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a lirrited liability company); or (4) To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker'' is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II -Vv'ho Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC 04 43 0117 © 2016 Liberty Mutual Insurance Page 2 of 6 Includes copyrighted material of Insurance Services Office. Inc .. wth its permission. B. The insurance provided by this Item 4. for "bodily injury'' to a co-"employee" or "volunteer worker'' will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or af"!y' similar law. C. Other Insurance The insurance provided by this Item 4. is excess over af"!y' other valid and collectible insurance available to the insured, whether primary, excess, contingent or on af"!y'other basis. Items. Health Care Professionals As Insureds A Paragraph 2.a.(1)(d) of Section II-Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury'' and "personal and advertising injury'' that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment bythe Named Insured. B. V\lith respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I -Coverage B -Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract'' or af"!y' other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of af"!y' professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of af"!y' dishonest fraudulent malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, tines or penalties. C. The following definition is added to Section V-Definitions: "Designated health care provider'' means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over af"!y' other valid and collectible insurance available to the insured, whether primary, excess, contingent or on af"!y'other basis. ltem6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent servant or "employee" will not in itself constitute knowledge by y0u unless your "executive officer" or "employee" designated by y0u to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 04 43 0117 © 2016 Liber1y Mutual Insurance Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., wth its perrrission. Item?. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section rv -Commercial General Liability Conditions, ~u refers to ~ur "executive officer" or "employee" that~u have designated to give us notice. Items. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of ary coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional prerrium or exercise our right of cancellation or non-renewal. ltem9. Bodily Injury Redefined The definition of "bodily injury'' in Section V-Definitions is replaced by the following: "Bodily injury'' means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from ary of these at any time: and b. Mental anguish, shock or hurriliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental orerrotional illness or distress. Item 10. Supplementary Payments-Increased Limits Paragraphs 1.b. and 1.d. of Section I - Supplementary Payments -Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of ary vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit'', including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section I -Coverage A-Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Li nits of Insurance Subject to Paragraphs 2., 3., and 5. of Section Ill -Linits Of Insurance. the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Li nit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of ary one "occurrence" regardless of the number of persons or organizations who sustain da1T0ge because of that "occurrence". LC 04 43 0117 © 2016 Liberty Mutual Insurance Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., v.ith its perrrission. The Aggregate Limit is the rrost we will pay for the sum of all damages under this Item 11. D. Other Insurance This insurance does not apply to arrr portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess. contingent, or on any other basis. unless such other insurance was specifically purchased by the insured to apply in excess of this policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V-Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities A Paragraph 3. of Section 11-Wro Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I -Coverage A-Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I -Coverage B -Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Commercial General Liability Conditions: We waive arrr right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury'' or "property damage" occurs, or offense giving rise to "personal and advertising injury'' is committed subsequent to the execution of the written contract or agreement. LC 04 43 0117 © 2016 Liberty Mutual Insurance Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., wth its pernission. Item 15. Contractual Liability-Railroads Paragraph 9. of Section V-Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. Howe-..er, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to prenises while rented to you or temporarily occupied byy0u with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of af1f contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or sur-..eyorfor injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 0117 © 2016 Liberty Mutual Insurance Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., wth its permssion. Policy Number TB2-Z51-291447-027 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. ltem2. ltem3. Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Recei-..ers ONners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Blanket Additional Insured -Granter Of Permits Other Insurance Amendment Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II-Wno Is An Insured is amended to add the following: Additional Insured by Written Agreement The following are insureds under the policy when y0u have agreed in a written agreement to provide them co-..erage as additional insureds undery0ur policy 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom y0u lease equipment. but only with respect to liability for "bodily injury'', "property damage" or "personal and ad-..ertising injury'' caused, in whole or in part, by y0ur maintenance. operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The co-..erage afforded to the additional insured is limted to liability in connection with the ownership. maintenance or use of the premses leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of y0u, y0ur "employees", your agents or y0ur subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 0117 © 2016 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc .. wth its permission. This insurance does notapplyto: a. Any "occurrence" which takes place after you cease to be a tenant in that premses orto lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Arr:; person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of y()Ur ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed byor on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Arr:; person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused. in whole or in part. by y()Ur act(s) or omission(s) or the act(s) or omssion(s) of your "employees". your agents. or y()Ur subcontractors, in the performrnce of your ongoing operations. This insurance does not apply to "bodily injury'', "property damage", or "personal and advertising injury'' ans1ng out of "y()ur work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement and then only for the period of time required by the written agreement and only for liability caused, in whole or in part by y()Ur act(s) or omssion(s) or the act(s) or omssion(s) of y()Ur "employees". y()Ur agents. or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury'', "property damage" or "personal and advertising injury'' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders. change orders or drawings and specifications; or b. Supervisory. inspection, architectural or engineering activities. This exclusion applies even if the claims against arr:; insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury'' or "property damage", or the offense which caused the "personal and advertising injury''. in~lved the rendering of or failure to render arr:; professional services. 5. Architects, Engineers or Surveyors: Arr:; architect engineer, or surveyor engaged by y()U but only with respect to liability for "bodily injury''. "property damage" or "personal and advertising injury'' caused, in whole or in part. by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premses; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury'', "property damage" or "personal and advertising injury'' arising out of the rendering of or failure to render any professional services by or for you. including: LC 20 58 0117 © 2016 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office. Inc .. wth its perrrission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory. inspection. architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision. hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury'' or "property damage", or the offense which caused the "personal and advertising injury'', inwlved the rendering oforfailure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Acy person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused. in whole or in part. by )C)Ur act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with prenises owned by or rented to you. This insurance does not apply to: a. Ally person(s) or organization(s) more specifically covered in Paragraphs 1 through 5 above; b. Ally construction. renovation. demolition or installation operations performed by or on behalf of )OU, or those operating on your behalf; or c. Ally person(s) or organization(s) whose profession. business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render. any professional architectural. engineering or surveying services. including: (1) The preparing, approving or failing to prepare or approve. maps, drawings. opinions. reports. surveys, field orders. change orders. designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision. hiring, employment. training or monitoring of others by that insured. if the "occurrence" which caused the "bodily injury'' or "property damage". or the offense which caused the "personal and advertising injury''. invol\-ed the rendering of or failure to render any professional services by or on behalf of )OU, or those operating on )C)Ur behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the Ii nits of insurance provided by this policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury'', "property damage" or "personal and advertising injury'' if any other additional insured endorsement attached to this policy applies to such person(s) or organization(s) with regard to the "bodily injury''. "property damage" or "personal and advertising injury''; 4. Applies only if the "bodily injury'' or "property damage" occurs, or the offense giving rise to the "personal and advertising injury'' is committed. subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury'' is committed. LC 20 58 0117 © 2016 Liber1y Mutual Insurance Page 3 of 4 Includes copyrighted rraterial of Insurance Services Office. Inc .. wth its permission. ltem2. Blanket Additional Insured -Grantor Of Permits Paragraph 2. of Section II-V\17o Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with al"o/ operations performed by you or on your behalf, or in connection with premises you own, rent or control. and to which this insurance applies. but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the perrrit. Such state, municipality or political subdivision that has issued you a perrrit is an insured only with respect to their liability as grantor of such pemnittoyou. Howe-..er, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Lirrits of insurance will not exceed the minimum lirrits of insurance required as a condition for receiving or maintaining the pemnit; but neither the scope of coverage nor the lirrits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury'' arising out of operations performed for the state, rrunicipalityor political subdivision; I 2. Any "bodily injury'' or "property damage" included within the "products-corrpleted operations hazard". except when required by written agreement initiated prior to loss; or 3. "Bodily injury'', "property damage" or "personal and advertising injury'', unless negligently caused, in whole or in part, by you or those acting on your behalf. ltem3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or al"o/ other basis for al"o/ person(s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section 1\/ - Commercial General Liability Conditions will not apply. V\17ere the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section 1\/ - Commercial General Liability Conditions will apply. However. this insurance is excess o-..er al"o/ other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing co-..erage for the same "occurrence", claim or "suit''. LC 20 58 0117 © 2016 Liberty Mutual Insurance Page 4 of 4 lnclLKles copyrighted material of Insurance Services Office, Inc., wth its permission. 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 Where required by contract or written agreement prior to loss and allowed bylaw. In the states of AL, AR, GA, MS and SC, the premium charge is 0% of the total manual premium, subject to a minimum premium of $0 per policy. In the state of FL, the premium charge is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the state of NC, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the state of TN, the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. Issued by The First Liberty Insurance Corporation 27359 For attachment to Policy No. WC6-Z51-291447-057 Effective Date Issued to Matchpoint Inc wcoo 0313 Ed. 04/01/1984 © 1983 National Council on Compensation Insurance. Premium$ Page 1 of 1 UTIL 1557 AGREEMENT FOR LEAK DETECTION SURVEY OF DISTRIBUTION SYSTEM {MATCHPOINT WATER ASSET MANAGEMENT) THIS AGREEMENT is made and entered into as of the \ ~h, day of l'\L; ~ , 2017, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Ag ncy organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and MATCHPOINT WATER ASSET MANAGEMENT, a North Carolina corporation, ("Contractor"). RECITALS A CMWD requires the professional services of a consultant that is experienced in leak detection surveys of distribution systems. B. Contractor has submitted a proposal to CMWD 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. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 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 not exceed thirty five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of 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. General Counsel Approved Version 4/2/15 1 UTIL 1557 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. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their 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 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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 approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations General Counsel Approved Version 4/2/15 2 UTIL 1557 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to 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 any time, complete and certified copies of any or all required insurance policies and endorsements. General Counsel Approved Version 4/2/15 3 UTIL 1557 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. 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 notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD Name Title Mario Remillard Meters, Customer Service Supervisor Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone 760-802-7153 For Contractor Name Simon Wick Title Vice President Address 215 Racine Dr. Ste. 201 Wilmington, NC 28403 Phone 904-305-0333 E-mail simon.wick@matchpointinc.us Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, General Counsel Approved Version 4/2/15 4 UTIL 1557 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 that the services 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 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 General Counsel Approved Version 4/2/15 5 UTIL 1557 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 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. Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version 4/2/15 6 Proposal for the City of Carlsbad, CA Leak Detection Survey MATCH POINT ., .......... ·""' . l 2:-:· -· . ,· =·· ........... · ' ~ ... Prepared for: Carlsbad, CA March 9, 2017 Exhibit A Table of Contents· 1. Executive Narrative ........................................................................................................ 4 2. Company Qualifications ......................................................................................................... S 3. Key Personnel Experience .............................................................................................. G 4. Relevant Project Experience .......................................................................................... 8 5. Leak Detection Services Sequence of Work and Methodology .................................. 10 6. Reporting ..................................................................................................................... 13 7. Equipment .................................................................................................................... 17 8. Proposal Pricing .................................................................................................................... 19 Attachment: Standard Terms and Conditions for Leak Detection ... J Utilities Division City of Carlsbad, CA Matchpoint Water Asset Management (MWAM) is pleased to submit to the City of Carlsbad the enclosed proposal to conduct a system leak survey on approximately 135 miles of the city's water mains. Water is the World's most valuable resource and we realize the need to preserve it from a fiscal, humanitarian, and environmental perspective. We, at MWAM, pride ourselves on providing a comprehensive solution to ensure that we will reduce the Cit}(s Non-Revenue Water. Our expertise, coupled with top-of-the-line products and technology proves us to be the most qualified candidate for the job. We are very pleased to submit this proposal for your consideration. Our methodology, as outlined in this proposal, will meet and exceed each project objective and deliver the most complete and accurate water loss survey available in the market today. Sincerely, Simon Wick Vice President Cell: (904) 305-0333 simon.wick@matchpointinc.us 2 Executive Narrative Match point Water Asset Management Inc. (MWAM) is a leader in the USA for products and services to utilize for the reduction and management of any water system's Non- Revenue Water. Within this proposal you will read that we have a vast amount of experience in this field and, of course, in the field of executing leak detection services. Our qualifications and references speak for themselves and should offer you peace of mind that, if selected for this project, your project will be executed in a professional and extremely comprehensive manner. Our experience and dedication of our personnel, together with the latest technology available in today's market, is what sets us apart from other contractors. Our methodology we propose and have followed for many successful Leak Detection Surveys, is in accordance with AWWA (M36) guidelines and has provided proven results time and time again. Communication at the beginning, during and the end of the project is critical to you; we understan'd that. You will read in our proposal that we will ensure, at the very least, that we communicate on a daily basis throughout this project. At the end of the project we will meet again with your team for a Project close"out meeting to ensure you are fully satisfied with the services we have executed before we depart site. This will be followed by delivering to you our Project Summary Report, summarizing our findings and recommendations for future consideration. We score, on average, 4.74/5 on customer satisfaction for all leak detection services we deliver. I am confident that if we are selected, this project for the City of Carlsbad, CA will be yet another success. 4 Company Qualifications Matchpoint was founded in 2005 to provide system deployment and integration solutions for water utilities transitioning from manual read to AMR/AMI. As industry awareness increased and the sustainability movement gained ground Match point found itself in a unique position. Our system integration business was providing solutions for "apparent water loss" but we had no tools for addressing "real water loss." Our business team scoured the planet in search of the finest minds and technologies and packaged them to launch our Matchpoint Water Asset Management (MWAM) business in 2008. We can offer our clients a comprehensive Water loss Recovery solution, Leak Detection survey, and informative reporting. Since establishment, we have offered a comprehensive package for managing water assets and for reducing water loss. We specialize in Non-Revenue Water (NRW) recovery and control solution including, but not limited to, leak detection services, training and product sales, District Metered Area (DMA) solutions, flow and network analysis and product sales, large meter testing and revenue enhancement services. Some of our company accomplishments and qualifications include: • Successfully executed hundreds of leak detection surveys • Executed projects across the US and in 5 countries • Over 95 years of combined non-revenue water experience • Consulted and executed lOOs of DMA projects • Confirmed thousands of leaks • We have saved billions of gallons of water per year I Firm Profile: Number of Years in Business 10 Areas Serviced United States, Caribbean Number of Employees 20 Equipment Primayer, exclusive national distributor Hydreka, Eastern U.S distributor Rycom, approved national distributor Syrinix, exclusive distributor, TN & GA Company Name Matchpolnt Water Asset Management Company Headquarters 215 Racine Drive, Suite 201 Wilmington, NC 28403 Company Telephone (910) 509-7225 Company Executive Barry Hales, President \ Contact Person Simon Wick, Vice President 5 Experience of Key Personnel While we are heavily invested in our water loss prevention products, our people are our greatest asset. MWAM's culture recruits exceptional talent and maintains highly qualified and experienced personnel. Below is information on our key personnel. Simon Wick, Vice President An internationally recognized expert in the field of non-revenue water, Simon came up through the ranks of a UK water company and over his tenure rose to the position of Chief Inspector. When Simon left, he left behind the lowest ever recorded level of water loss the company had witnessed. Match point was introduced to Simon during a facilities tour of Leak Detection equipment manufacturers. His personal and professional skill set made him the perfect candidate to launch our North American business. In 2009 Simon joined Match point to share his knowledge in the US with immediate results demonstrating to utilities how they can partner to reduce their NRW. He has been involved in the DMA design, implementation, management, and monitoring of leak detection work including correlations, testing, planning, and implementing the latest technology; while ensuring that current regulations are met by utilities. Simon has led all Matchpoint Water Loss Recovery projects since he started with Match point. Training and Certifications: NVQ level 2: water distribution, NVQ level 3 customer service, EU and US Water Asset Management; A member of AWWA, GRWA, GAWP and has been awarded a Bachelor's Degree in Engineering Management. Tony Popolo, Field Operations Director Tony was recruited by Matchpoint 5 years ago to develop our GPS/GlS program. His knowledge, gained over a decade, of experience in GPS/GlS consulting and project coordination have proven valuable to our internal and external customers. His leadership skills soon propelled him to the position he occupies today. Tony has vast amount of experience in the field of leak detection, meter testing, meter installation, and project management. Recently, Tony has broadened his role into the expanding water asset management portion of the company through: project scheduling, client coordination, planning, estimating, and logistics. He is also actively engaged in the research and development of the company's future endeavors regarding other utility services and products. Training and Certifications: OSHA 30-hour safety training certification, U.S.A.C.E. QA/QC requirements certificate, level 2 certified survey technician, EU and US Water Asset Management and has additional training in Trimble GPS software and equipment as well as manufacturers' software and installation training for various metering technologies. Ariel Fernandez, Support Services/ Service Center Director Ariel was chosen out of our AMR/ AMI group to learn the craft of water assent management. His extensive travel on Matchpoint's projects throughout the Caribbean and North America has given Ariel access to the finest minds and technology in the industry. Ariel has a vast amount of experience in the field of meter installation, meter testing, leak detection, and project management. Currently, Ariel is responsible for all Technical support of Primayer and Hydreka product sales including customer demonstrations, presentations, and all support needs. Ariel also conducts all internal/external leak detection and water asset management training. Ariel is dedicated to promoting Matchpoint and their ambitions to ensure that every gallon of water collected from the environment is accurately accounted for and that the consumers have the information necessary to ensure maximum efficiency. Training and Certifications: Confined Space/Permit Required Safety Training, EU and US Water Asset Management, Matchpolnt Certified Operator, Matchpoint Certified Trainer, Leak Detection Certified Technician, Trimble GPS operation and data management, Insertion Flow Meter Training, NRW/DMA Management Pipe Location training. 6 Jan Rucker, Support Services Manager Jan came up through the Matchpoint apprenticeship program. His keen understanding of the industry, along with a thirst for technology put him on a fast track to lead the Support Services team. Jan travels extensively to our manufacturing partners' facilities and functions as the leader for field applications of Leak Detection technology and practices. Jan leads all product and leak detection methodology training (both on-site and classroom), and provides technical assistance to our customers and Area Account Managers. Training and Certifications: OSHA General Industry (30-Hour Safety), Confined Space/Permit Required Safety Training, Meter Testing certification, EU and US Water Asset Management, Matchpoint Certified Operator, Matchpoint Certified Trainer, Leak Detection Certified Technician, Trimble GPS operation and data management, Insertion Flow Meter Training, NRW/DMA Management, Pipe location training Austin Deaver, Project Manager I Support Service Technician Austin was recruited by Matchpoint for his industry knowledge, his attention to detail, his strong communication skills, and his ability to lead. His extensive knowledge in meter installation makes him an asset to our team; there Is no metering question that Austin can't answer. He is also thoroughly knowledgeable in leak detection methodology and practices. Austin has been essential to the success of many Matchpoint projects. Training and Certifications: OSHA General Industry (3D-Hour Safety), Confined Space/Permit Required Safety Training, EU and US Water Asset Management, Match point Certified Operator, Leak Detection Certified Technician, Insertion Flow Meter Training, Pipe Location Training, Trimble GPS operation and data management David Gunderson, Engineer/Project Manager David is a valuable asset to our team, as he can offer 30 years of experience in leak detection and the water industry. Before David joined Matchpoint, he worked for ADS Environmental services. He has extensive field experience in meter tests, district measurements, flow and pressure measurements, loss of head tests, fire flow tests, hydraulic gradients, and pump tests. He has conducted engineering studies, hydraulic field tests, trunk main surveys, and leakage surveys across the U.S. He has assisted over 300 municipalities in water conservation techniques, water audits, leak detection, and hydraulic field measurements. Training and Certifications: Bachelors of Science Degree in Civil Engineering, EU and UK Water Asset Management, Leak Detection Certified Technician **All of our project managers are trained to lead this project 7 Georgia Environmental Finance Authority (GEFA) In late 2015, Match point was awarded a contract with GEFA to perform 400 miles of leak detection services, which was split between 6 pre-selected utilities. We conducted a survey for each of the 6 utilities and in total found 176 leaks. Once the repairs are complete, an estimated 127,773,360 gallons of water will be saved across the state of Georgia per year. We have been requested by a few of the utilities to perform additional work outside of the scope of the contract with GEFA. Knoxville Utility Board (KUB), TN This project was initially awarded for leak detection services of211 miles of Cl pipe in the oldest part of the city area. Within a week of starting this contract, we agreed to change the scope of work to include all pipe materials in any given area as we were identifying leaks that were out of the initial contracted area. Therefore, the project was expanded to include an additional 55.65 miles of pipe. Performance and schedule were very important to this customer and we delivered, maintaining our reputation of exceptional customer service. A total of 50 distribution leaks were confirmed. These leaks totalized a conservative 441.5 gallons per minute or 635,760 gallons per day water loss recovered. We were awarded another leak detection project, this time for 1200 miles, with KUB in early 2016. This project has yet to begin. Otay Water District, CA This initial project was awarded in 2015 for leak detection and a system survey of 167 miles of rural and urban service areas of their distribution system. Matchpoint discovered 931eaks/all were confirmed distribution leaks (1 main, 13 fittings, & 79 service). The savings were conservatively estimated to be 50.31 gallons per minute. Late last year the district solicited for leak detection services again and we were awarded and executed a leak detection survey on approx 241 miles of their distribution system resulting in 42 confirmed distribution leaks totaling approximately 10.48 gallons per minute. Vermont Department of Environmental Conservation This project was awarded for up to 50 days of leak detection in 2015 and then renewed for an additional25 days in 2016. The contract days are split across multiple systems awarded within the state and 20 have been completed to date. We executed all 50 days of Contract 1 and are currently working on Contract 2 with 12 days remaining as requested by the DEC. To date, 45 combined leaks have been discovered. 9 each area based on pipe material and other factors. If loggers are used we will utilize the acoustic noise loggers in Uft-N-Shift mode, which is the quickest and most effective way of surveying most distributions systems. We will deploy these loggers on your network at relevant and sensible spacing (as dose as possible on PVC mains and no greater than 500 feet apart on AC & Metallic Mains) to ensure that we comprehensively cover any area in question. In any busy areas, for PVC pipe, or other suspect areas we will sound EVERY service and fitting available with an electronic listening stick/ground microphone and/or acoustic noise loggers. NOTE: The acoustic noise loggers listen at night when the distribution system is at its highest pressure and the ambient noise/usage is at its lowest. This results in us often finding leaks that would otherwise be missed using traditional methods. The acoustic noise loggers and electronic listening sticks also work independently from one another--again finding more leaks than with traditional correlation survey methods. The Phocus 3 acoustic leak detection loggers we deploy, have an added benefit of being able to record actual audio leak noise on every logger each night; thus, significantly reducing any false alarms caused by ambient noise, electrical interference or usage. There are three potential outcomes from the initial system survey: 1. leak Identified: If a leak noise is identified then we will do further investigating, quality control exercises, to determine if it is indeed a true leak through further correlation and confirmation testing. a. Correlation: After the Initial survey we execute the correlation, or pinpointing, phase in order to determine the legitimacy and exact location of leak noises discovered. This takes a combination of skill and the most precise equipment available to be successful. A leak noise real-time correlator and/or a ground microphone system will be used to pinpoint potential leaks identified during the survey stage. Traditionally, the suspected leak is narrowed down to between two access points, such as two valves or hydrants. The accelerometers (sensors) wlll be placed on each of the two access points on either side of the suspect pipe section. Then, basic information such as pipe material, pipe size & length is entered into the base unit of the correlator. lf a true leak is present, then it will be displayed on the base unit detailing the distance of the leak from each accelerometer. For difficult leaks to pinpoint: During this pinpointing phase, for more difficult jobs and/or complex sites, we also use Non-Real time correlating noise loggers. Examples of when this equipment could be used include: very busy intersections, often with multiple pipes, and/or very quiet leaks, which are difficult to correlate during normal working hours. These are a very useful addition to our leak detection tools and offer an advanced pinpointing system that is extremely useful for assisting the leakage detection process where needed. The results can also be used to 'back-up" daytime correlations where needed to ensure that our correlations are as accurate as possible, avoiding unnecessary 'dry holes'. For Pinpointing Leaks on PVC or large Mains: Even the best correlators on the market struggle to perform effectively on PVC pipe and large mains (16" and above). This Is due to the fact that, traditionally, accelerometers (sensors) are deployed on pipefittings within the distribution system and they 'listen' to the leak noise via the noise travelling along the pipe wall. For PVC pipes and large mains (even large metallic mains) this noise does not travel far and thus most correlations are not effective in these conditions. 11 This is why we utilize, where needed, the Primayer Enigma hy-Q hydrophone based, Non-Real time leak noise correlating system. This proven technology, and the Enigma hy-Q, can pinpoint leaks that other correlators cannot. It uses 'wet' fittings to listen to the leak noise traveling in the water not the pipe wall. NOTE: Access to FH's and/or other 'wet' fittings will be required to utilize this equipment on site. b. Confirmation: Each time any leak is highlighted in the pinpointing process the leakage technician will verify this result is as correct and as accurate as possible by carrying out the confirmation process. We use a combination of skills and equipment in this process using an advanced ground microphones and listening sticks, carrying out visual checks. This part of the process is the most critical and greatly increases the accuracy of our work and in return reduces false excavations known as 'dry holes'; thus saving you time and money. If the noise is a valid leak then the area will be physically and visibly marked and the leak will be recorded through GPS software. All confirmed leaks' details would be included on the daily leak report card, as well as the weekly, monthly and final reports. 2. System Defects Located: If any other defects in the distribution system are discovered during the survey, then we notify you of the issue and the GPS coordinates so the Utility is aware and can make any improvements necessary. This information will also be included on all reporting. 3. No leak Found: If no leak is identified during a given day, then no more action is needed. Yet, we will report that there was no identifiable leak on the surveyed area of pipe on the particular day in all reports. Reporting: Daily, Weekly and Monthly All surveying will be reported to your representative of choice. See "Reporting" section of this document for further details as to what we will include on each type of report. Leak Repair It is the responsibility of the customer to repair the reported confirmed leak(s) in timely manner in order to reduce further water loss and for overall efficiency and NRW reduction. Once the repairs have been made, we will re-survey the repaired area to affirm it remains a leak-free zone, if and only if we are still on-site, unless specified elsewhere in this proposal and/or priced accordingly. Project Summary Report A Project Summary Report will be produced upon the completion of the project and submitted within 10 working days to your representative of choice. See "Reporting" section for details. 12 Reporting All reporting will be completed in a timely manner and delivered to the representative of your choice. Per our workflow plan, we will report all progress made on a daily and weekly basis. The City of Carlsbad will also be notified immediately if anything is urgent is detected upon discovery. At the completion of the survey, our results, methodology and survey details will be compiled into the Project Summary report. Daily Leak Cards If a leak is discovered then it will be accounted for in a daily "Leak Card" and submitted to the representative of choice on that same day of discovery. The leak card will include the following details: • Leak address: physically address (if possible) • Leak urgency: Whether the leak is minimal, moderate or needs immediate attention • Gradient: Surface material of leak area • Leak connection type: Whether the leak was found on a main, service, Fitting, CSL. • Pipe size of leak location if known. • Pipe material of the found leak if known. • Leak detection method used to find leak • Whether there is visible water and whom it has been submitted to. • Person submitted to: Utility representative that leak cards are given to daily • Leak GPS Coordinates (in Latitude and Longitude} • Estimated Water Loss: Our leak detection personnel use the Db level (minimum consistent noise level), frequency (Hz), pipe material, pipe diameter, distance of contact point from the actual leak, and their depth of skill and experience to conservatively estimate the volume in Gallons per Minute (GPM) of each leak. • Leak description-Notes about the leak or location • Photo ofthe leak and/or leak location • Signature and date of leak technician who executed the daily survey and report See an example of a leak card on the next page: 215 Racine Drive, Suite 201, Wilmington, NC 28403 • 910·509-7225 (PH) 910·509-7226 (FAX) 13 Project Summary Reports All details will be compiled and presented to the City of Carlsbad within 10 days of completing the survey in a Project Summary Report. The report will include the following: • Scope of the project • Leakage Investigation-Methodology • Results of the survey • Summary of the survey • Conclusions /Recommendations regarding the water system • Recommended list of equipment and training to further reduce potential water loss 215 Racine Drive, Suite 201, Wilmington, NC 28403. 910-509-7225 (PH) 910-509-7226 (FAX) 17 Proposal Pricing We will survey 135 miles for $35,000.00 215 Racine Drive, Suite 201, Wilmington, NC 28403-910·509-7225 (PH) 910-509-7226 (l=AX) 20