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HomeMy WebLinkAboutStearns Conrad and Schmidt Consulting Engineers Inc; 2018-03-06; UTIL1673UTIL 1673 AMENDMENT NO. 1 TO AGREEMENT FOR PSM/RMP/CALARP REGULATIONS COMPLIANCE ASSISTANCE SERVICES STEARNS CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. This Amendment No. 1 is entered into and effective as of the ~ day of :::S-0\.'-:( , 2018, amending the agreement dated March 6, 2018 (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 Stearns Conrad and Schmidt Consulting Engineers, Inc., a Virginia corporation ("Contractor") (collectively, the "Parties") for PSMIRMPICALARP regulations compliance assistance services. RECITALS A. The Parties desire to alter the Agreement's scope of work to add facilitation and implementation of mock emergency drills at Maerkle Dam facilities including three days on site plus additional support as needed; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. 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 thirty-two thousand twenty dollars ($32,020). 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 one thousand two hundred fifty dollars ($1,250). 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 March 6, 2020. 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 General Counsel Approved Version 9/27/16 UTIL 1673 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 STEARNS CONRAD AND SCHMIDT CONSUL TING ENGINEERS, INC., a Virginia corporation By:~na~- 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: (sign here) ~v£-t-~> --r. <2A--(p.> t:t (print name/title) t)ffu-e.. Utll iC-fzrr/ \.) c c-e v7 ri'0ldc:J By ~/Jhll; ~-e~'1 G12.€C..o/l. "1 ~. ~~vjf'~ f~'JISL'f 1)(1.cst..n.~ (print me/title) 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: General Counsel Approved Version 9/27/16 2 Exhibit "A", Scope of Services and Fee UTIL 1673 760-744-9611 To: From: Date: Re: 760 744-8616 FAX Mark Biskup, City of Carlsbad Water Operations (Mark.Biskup@cartsbadca.gov) Jake Tilley, Project Manager, SCS Tracer (itilley@scsenqineers.com) f tJ.i 0/ June 25, 2018 J < / Change Order Request: Contract UTIL 1673 / Purchase Order P1 35495 As requested by the City of Carlsbad Municipal Water District, SCS Engineers (SCS Tracer Operating Group) is hereby submitting a change order request regarding the current contract in place for PSM/RMP/CalARP Compliance Assistance Services. The scope of work included in the existing contract (proposal dated 2/14/18) has a task "4a -Additional Support (as needed basis)", which was fully utilized during the preparation and implementation of familiarization training sessions (6) with the Carlsbad Fire Department that occurred on May 24, 25, and 30, 2018. As part of this change order, SCS Engineers will assist Carlsbad Water Operations in the organization and facilitation of Mock Emergency Drills with the Carlsbad Fire Department, and/or other local response agencies (Vista FD, San Diego County Hazardous Incident Response Team, etc.) as appropriate. The Mock Emergency Drills are proposed to occur at the Maerkle Dam facility including both the reservoir and the Upper and Lower water treatment facilities in August 2018. SCS Tracer will assist in the planning stages of these drills, as well as the onsite implementation of the drills, which are anticipated to be conducted over 3 days onsite (2 times per day = 6 sessions total). SCS Tracer will document the drills including sign in sheets and photographs, which will be provided to Carlsbad Water Operations for PSM/RMP recordkeeping and training purposes. Additional Support associated with PSM/RMP/CalARP issues will be provided upon request as well. This change order also requests the exclusion of a task that was previously included in the above referenced contract: 2019 Three-Year Compliance Audit. The scope and costs associated with this task are to be removed. See below for the impact on the project costs. The costs for this change order request are shown below. Fixed-Fee Cost (includes labor, materials, mileage, etc.): Task Add: Facilitation and Implementation of Mock Emergency Drills at Maerkle Dam Facilities (including 3 days onsite) + Additional Support As Needed Remove: 2019 Three-Year Compliance Audit Change Order: Net Impact to Project Costs Terms & Conditions: Refer to the existing contract referenced above. SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX Cost $ 5,500 $ (4,250) $ 1,250 ~ I DATE(MM/DDNYYY) AC<:>RC:,,,. CERTIFICATE OF LIABILITY INSURANCE ~ 03/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Insurance services west, Inc. PHONE (866) 283-7122 I rffc. No.l: (800) 363-0105 Los An~eles CA office (A/C, No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Insurance company 26387 Stearns. Conrad and Schmidt INSURERB: Zurich American Ins co 16535 consulting En9ineers, Inc. INSURERC: 3900 Kilroy Airport Way, suite 100 Long Beach CA 90806-6816 USA INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 570070500016 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1·rrR' TYPE OF INSURANCE wir~ S_l,!BR WVD POLICY NUMBER ,,~hli~ ,,~TvWv LIMITS B X COMMERCIAL GENERAL LIABILITY GLOU11Lt 101.J:S U:S/.:ll./,1.Jl.8 I U.:l/ .:llt ,:ul, EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0ocCUR DAMAGtc I u ~~,., = $1,000,000 PREMISES <Fa occurrence\ -MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 R POLICY 0 PRO. 0Loc PRODUCTS· COMP/OP AGG $4,000,000 JECT OTHER: B AUTOMOBILE LIABILITY BAP 0112780-03 04/01/2018 04/01/2019 COMBINED SINGLE LIMIT $2,000,000 /Ea •ccldMI\ X AWfAUTO BODILY INJURY ( Per peraon) -OWNED -SCHEDULED BODILY INJURY (Per accident) -AUTOS ONLY -AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accidenn -ONLY -AUTOS ONLY UMBRELLA LIAB H OCCUR EACH OCCURRENCE f--AGGREGATE EXCESS LIAB CLAIMS-MADE DEDI !RETENTION ~ -WORKERS COMPENSATION AND WC011277903 04/01/2018 04/01/2019 XI PER I l:?JH· -EMP(OVERS'LIABlllTY -· -Y/N STATUTE --E.L_. ~Cf!ACCIDENT $1,000,000 N/A u. <( .. Q) ii: ~ C Q) :!:! .. Q) 'C 0 :c - co 0 0 0 "' 0 r--0 0 r--"' AIN PROPRIETOR/ PARTNER/ EXECUTIVE ~ OFFICER/MEMBER EXCLUDED? ----(Mandatory in NH) E.L DISEASE-EA EMPLOYEE -s1; ooo-;ooo - gm:~ftfi"~ ~nfgPERATIONS below E,L-DISEASE-POLICY LIMIT · Sl:,000,000 A Env Prof (E&o) IPR379235302 03/31/2017 03/31/2020 Per claim $1,000,000 Prof Liab -Claims Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The city of Carlsbad is included as additional insured in accordance with the policy provisions of the commercial General Liability ~olicy. waiver of subrogation is included in favor of the City of Carlsbad in accordance with the policy provisions of the Wor ers' Compensation policy. Policies include 30 days notice of cancellation (except 10 days for non-payment)_ - CERTIFICATE HOLDER CANCELLATION 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 AUTHORIZED REPRESENTATIVE ~ c/o EXIGIS Insurance Compliance Services P.O. BOX 4668 -ECM #35050 dn ~f~mz 9'ewa.1 ~k ~ New York NY 10163-4668 USA = -©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Insured :--Automatic -c--Owners, Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. -Add'I. Prem GLO 0112778-03 03/31/2018 03/31/2019 03/31/2018 ZURICH Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Stearns, Conrad and Schmidt, Consulti_ng Engineers, Inc. Address (including ZIP Code): 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806' , ___ ,, "·· • -'<,·~ ..... ~~ •. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part ® A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an addi'tional insured only with respect to· liability for "bodily injury'', "property damage" or "personal and advertising injury'' caused, in whole or in part, by: · · · 1. Your acts ·or omissions; or. 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured~ 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: 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 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", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:-· · · .-.. , -· · .... '' ·· · · · · · ·' · ' a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or. on any other basis, available to an additional insured, in which t~~ additional insured on ·our poli~y is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such· either policy a·nd where our policy is required by a written contract or written agreement to provide coverage to the additional insured on' a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: ·· -l=he-most-wewill .pay_ on_b_e.balf of the_ additional insured is the amount of insurance: 1. Required by the written contract or written ~r~~~~~t ~;ie~en~ed in -Paragrapt1 A:-of this enacirsenrent: or ------ ., ·• •• •f.." , •• ·.,· ••••. _.. .. :.,,".J•"•'i,,•\,,:~:\• .... ••~,~ '••••::+': :••·~··:;"' ,L:•·,,·~.','lf" •'~.-:'C~~-.--,f:.,,, ••,:;•.::, •• ·,,,:;.'.:.I~-;.••".,!•:!'._:', I"•'• :•~.,·.-•, 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services O!fice, Inc., with Its permission. U-GL-1175-F CW (04/13) Page2 of2 ---·--------·----· -------- WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) 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 agreementfrom us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01/2018 Policy No. WC 0112779-03 Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Insurance Company: Zurich American Insurance Company Endorsement No. Premium$ WC124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (E~. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date ·of the p_olicy unless a different date is indicated below. . ' .. . . . . .··. . _. . . . . . (The following"•attaching clause" need be completed .only when this endorsement is issued subsequent to preparatio~ of the policy.) This endorsement, effective on: 04/01/2018 Policy No. WC 0112779-03 of the: Zurich American Insurance Company at 12:01 A.M. standard time, forms a part of Endorsement No. issued to: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Premium (if any) $ 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Perso11 or Organization % of the California workers' compensation pre- Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION ------------~ ----~--- -------- -----------· ------- WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 AGREEMENT FOR PSM/RMP/CALARP REGULATIONS COMPLIANCE ASSISTANCE SERVICES STEARNS CONRAD AND SCHMIDT CONSUL TING ENGINEERS, INC. UTIL 1673 rl THI;3 AGREEMENT is made and entered into as of the {o~ day of Utc.CtM:-, 2018, 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 STEARNS CONRAD AND SCHMIDT CONSUL TING ENGINEERS, INC., a Virginia corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in assisting with compliance of the PSM/RMP/CalARP regulations for the use of chlorine at the two Maerkle Dam facilities. B. Contractor has the necessary compliance assistance experience in providing professional services and advice related to PSM/RMP/CalARP regulations. C. 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 two (2) years from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial two-year Agreement term will be thirty thousand seven hundred seventy dollars ($30,770). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand seven hundred seventy dollars ($30,770) per two-year Agreement term. CMWD reserves the right to General Counsel Approved Version 9/27/17 1 UTIL 1673 withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 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 attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense 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 General Counsel Approved Version 9/27/17 2 UTIL 1673 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 under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability 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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. General Counsel Approved Version 9/27/17 3 UTIL 1673 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 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 Mark Biskup Utilities Manager Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone 760-438-2722 x7352 For Contractor Name Title Jake Tilley Project Manager Address 5963 La Place Court, Suite 207 Carlsbad, CA 92008 Phone E-mail 760-304-5093 jtilley@scsengineers.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. General Counsel Approved Version 9/27/17 4 UTIL 1673 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. Yes IZI No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants 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 General Counsel Approved Version 9/27/17 5 UTIL 1673 work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of 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 General Counsel Approved Version 9/27/17 6 UTIL 1673 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER STEARNS CONRAD AND SCHMIDT DISTRICT, a Public Agency organized under CONSUL TING ENGINEERS, INC., the Municipal Water Act of 1911, and a a Virginia c~~ratio~ Subsidiary Di~trict of the Ci of Carlsbad By: /.-. i ·~ By: \ I ~/~ j/ rJ J._, ~· ~ 'v1_.'l J-.r/ -.Js(gn ~ endy C mbers General Manager -n, ,~ ~ / {v, ./JI~ . ,)_ A 1-s authorized by the Executive Manager tLll'lWS~Ll;1_1.,t? l1PS!ooir (p 1n name le 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: General Counsel Approved Version 9/27/17 7 SCOPE OF SERVICES 5963 La Place Court Suite 207 Exhibit "A" 760-7 44-9611 760 744-8616 FAX SGS T A 0 I I I I r G C I b d CA 92008 SCS ENGINEERS February 14, 2018 Mr. Mark Biskup Carlsbad MWD 5950 El Camino Real Carlsbad, CA 92008 Sent via email: Mark.Biskup@carlsbadca.gov Subject: Proposal for PSM/RMP/CalARP: 2018 -2019 Compliance Assistance SCS Tracer Environmental (SCS Tracer) is pleased to submit this proposal to address compliance with the PSM/RMP/CalARP regulations for the calendar years 2018 -2019. For your information, due dates for the major milestone compliance tasks for the Carlsbad Municipal Water District Upper and Lower Maerkle Dam Stations are listed in the table below. These tasks are included in this scope of work. 3-Year Compliance 5-YearPHA 5-Year Seismic 5-Year Hazard 5-Year RMPlan / EPA Audit Revalidation Assessment Assessment Update RMP Resubmittal 6/16/2019 4/10/2019 4/10/2019 6/4/2019 CUP A RMPlan: 6/15/2019 EPA RMP: 6/11/2019 The proposed scope of work includes the following compliance tasks throughout calendar years 2018 and 2019: la. PSM/RMP/CalARP Quarterly Meetings A meeting with CMWD personnel will be conducted on a quarterly basis throughout 2018 & 2019 to ensure that department supervisors and managers and other responsible parties are aware of and keeping up with their responsibilities associated with the PSM, RMP, and CalARP programs. The goal of these meetings will be to identify areas of compliance that need additional support. The resulting follow-up summary report will include recommendations for Water Operations Supervisors and/or Managers to move towards full compliance. Each meeting is estimated to be 4-hours in duration. SCS Tracer will lead the discussion that will focus on a review of: 1) previous recommendations resulting from program-related studies (Process Hazard Analyses, Compliance Audits, and previous PSM Team Meetings) along with the status of each action item; 2) any changes or proposed changes to the chlorine processes or related equipment and/or the facility that might require updates to the written programs; 3) any recent chlorine leaks (or near misses), incidents, or injuries related to the chlorine processes; and 4) maintenance records for chlorine equipment. Assistance will be provided to complete necessary paperwork for various PSM elements including: Management of Change projects, Incident Investigations, Contractor Safety packages + annual evaluations, responding to regulatory inquiries and/or audits, etc. SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX SCS ENGINEERS Page 2of7 Mr. Mark Biskup February 14, 2018 Exhibit "A" SCS Tracer will also facilitate the annual review and re-certification of the written Standard Operating Procedures for the Maerkle Dam Facilities chlorine systems, which is due in March 2018 and again in March 2019. This includes administering a test to document the understanding of the SOPs by the water operations staff. Following each on-site meeting, SCS Tracer will provide an updated status report for any outstanding recommendations (Process Hazard Analysis studies, Compliance Audits, PSM Team Meetings, etc.), a written summary of deficiencies (suggestions for enhancement or revision) regarding the PSMIRMP/CalARP program noted during the on-site visit, and a written summary of the meeting delivered to Carlsbad MWD responsible parties. 2a. PSM/RMP Program Updates For both 2018 and 2019, SCS Tracer will complete any suggested revisions/ updates to the written PSM/RMP/CalARP policies discussed during the quarterly meetings. In addition, SCS Tracer will complete any updates to the Standard Operating Procedures as noted during the Water Operations team review, including any new SOPs that should be documented. SCS Tracer will provide hard copies of the revised programs, as well as electronic documents upon request. 3a. PSM/RMP Refresher Training As department personnel and/or responsibilities change, SCS Tracer will provide a 4 hour training session to ensure Carlsbad MWD employees are aware of their responsibilities under the PSM / RMP / CalARP programs. This would include specific recordkeeping aspects in addition to emergency action planning and notifications. Also, a brief training session can be provided for new employees to document chlorine hazard awareness, the district's PSM/RMP/CalARP program, and the emergency action plan. This refresher training class will be provided by SCS Tracer once during 2018 -2019. 4a. Additional Support (as requested) On an as needed basis, SCS Tracer will provide additional support, such as assisting with CUP A and/or other regulatory inspections, safety policies consulting, additional training, and/or assistance with coordinating emergency response scenarios with the fire department, hazardous materials response team and/or other emergency responders. The proposed scope of work also includes the following major milestone tasks during calendar year 2019: 2019 Three-Year PSM/RMP/CalARP Compliance Audit As part of this scope of work, SCS Tracer Environmental will conduct the required Three-Year Compliance Audit regarding the use of chlorine at the two Maerkle Dam Facilities that are operated by the Carlsbad Municipal Water District (MWD). This audit will be performed to satisfy the following risk and safety regulations: SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX SCS ENGINEERS Page 3of7 Mr. Mark Biskup February 14, 2018 • Cal-OSHA CCR Title 8, Section 5189, Process Safety Management (PSM) • EPA 40 CFR Part 68, Risk Management Plan (RMP) Exhibit "A" • California Accidental Release Prevention (CalARP) program: Cal-OES CCR Title 19, Division 2, Chapter4.5 Specifically, the Compliance Audits section of the aforementioned regulations will be used to investigate whether the risk management procedures and practices in place under the PSM and RMP standards are adequate and are being fully implemented regarding the chlorine systems in use at the facilities. Each of the above standards requires that the risk management program in place at the facility be audited every 3 years. The most recent onsite Compliance Audit was performed on June 16, 2016; therefore, the next audit needs to be conducted by June 16, 2019. An effective audit includes a review of the relevant documentation and process safety information, inspection of the physical facilities, and interviews with all levels of facility personnel. Utilizing the audit procedures and checklists developed by OSHA and EPA will ensure that the audit systematically analyzes compliance with all aspects of the regulations. SCS Tracer proposes to perform the PSM/RMP/CalARP Program Audit in two phases: 1) on-site facility audit, and 2) report preparation. SCS Tracer will have a Senior Engineer at the facility to examine existing documentation and programs. In addition, SCS Tracer will interview employees as needed to ensure proper implementation of the programs. Following the on-site audit, SCS Tracer will prepare a report that recommends items to improve implementation of the risk management programs. The following outlines in detail the two subtasks required to complete the audit. A senior engineer from SCS Tracer will conduct a meeting with Carlsbad MWD personnel to examine existing documentation of programs in place. The audit checklist developed by OSHA will be used to review existing documentation and the records for compliance with the PSM regulation. Additional audit checklists will be used to examine the regulatory requirements specific to the RMP and CalARP programs. Examples of documentation relating to the chlorine systems that will be reviewed include, but are not limited to, the following: • Process Hazard Analysis studies (recommendations and implementation status) • Contractor Safety records • Maintenance Procedures I Schedule • Preventive Maintenance Records • Standard Operating Procedures I Annual Certifications • Emergency Response Action Plan (emergency drill records) • Management of Change records • Incident Investigation Program / Incident Reports • Operator Training Program I Records • Piping & Instrumentation Diagrams (P&IDs) SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX SCS ENGINEERS Page 4of7 Mr. Mark Biskup February 14, 2018 • Manufacturer Specification Data/ Equipment Lists • RMP Submittal Documentation (RMP eSubmit) • RMP Management Programs / Org Charts Exhibit "A" In addition to the documentation review, SCS Tracer will interview employees that work with (or near) the chlorine systems to ensure that the programs at the facility have been implemented. The interview sessions will occur during the site visit. Applicable contractors will be interviewed as necessary. Finally, SCS Tracer will request that one of the written standard operating procedures be performed for observational purposes. This is conducted to ensure that the written procedures are being followed by the employees/ contractors. Following the on-site facility audit, SCS Tracer will prepare the Compliance Audit report. The audit report will contain the completed OSHA, EPA, and CalARP audit forms and results from the on-site audit. The report will be organized as follows: 1. Introduction 2. Audit Methodology 3. Summary of Audit Recommendations 4. Audit Checklists & Forms Draft copies of the audit findings and report will be made available to the Carlsbad MWD personnel for review. Following receipt of any comments from Carlsbad MWD, SCS Tracer will provide up to 2 hard copies of the final audit report. SCS Tracer will prepare the action tracking log and will assist in obtaining the approval from the CalARP administering agency, San Diego County Department of Environmental Health. Per Section 2760.8(d) of the CalARP regulations, Carlsbad MWD and the CalARP Administering Agency shall agree upon a timeline for completion of the compliance audit recommendations. The maximum time frame for completion is defined as 1.5 years following the compliance audit, or the next planned turnaround (for items requiring a turnaround). 2019 Five-Year PSM/RMP/CalARP Revalidation Studies Finally, SCS Tracer Environmental (SCS Tracer) will complete the revalidation of the technical studies and re-submittal documents associated with the following regulations for the chlorine systems at the Lower and Upper Maerkle Dam Stations located at 5203 Sunny Creek Road in Carlsbad, California: ~ EPA 40 CFR Part 68, Risk Management Program (RMP) ~ Cal-OSHA CCR Title 8, §5189, Process Safety Management of Acutely Hazardous Materials (PSM) ~ California Office of Emergency Services (OES) CCR Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) program SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX SCS ENGINEERS Page 5of7 Mr. Mark Biskup February 14. 2018 Exhibit "A" The PSM, RMP, and CalARP regulations require the following updates/ revalidation studies at the five-year anniversary: 1. A facility must revise and update the Risk Management Plan submittal "within five years of its initial submission" (EPA RMP Program Section 68.190(b)(l)). 2. A facility shall "review and update the offsite consequence analyses at least once every five years" (EPA RMP Program Section 68.36(a)). 3. "At least every five years after the completion of the initial PHA, the PHA shall be updated and revalidated." (EPA RMP Program Section 68.67(f)). To address these requirements, the following tasks will be included m the five-year Updates Revalidation studies: le. Revalidate Process Hazard Analysis (PHA) study -SCS Tracer (2 engineers) will conduct a PHA study on-site with City of Carlsbad personnel and its contractors to examine and evaluate process hazards associated with the chlorine systems, including a HAZOP study and site inspections. Recommendations will be made by the team as appropriate to address any safety or operational concerns. Due on or before April 10, 2019. 2c. Revalidate Seismic Assessment Study - A visual inspection of each chlorine process will be conducted by an engineer in accordance with the San Diego County CUPA's guidelines. Recommendations will be made to address any non-conforming equipment and/or piping. Due on or before April 10, 2019. 3c. Update Hazard Assessment-Prepare an update to the Worst Case Scenario and the Alternate Release Scenarios for the Maerkle Stations to include current population data (20 IO census data) and sensitive receptor information. Due on or before June 4, 2019. 4c. Update and resubmit the RMP*eSubmit / Risk Management Plan submittals to the EPA via CDX system (Due June 11, 2019), and the San Diego County CUPA (Due June 15, 2019). 2018 -2019 Compliance Costs The fixed-fee costs for PSM/RMP Compliance Assistance associated with the City of Carlsbad Water Operations Department -Maerkle Dam Facilities are as follows. This includes costs for calendar years 2018 and 2019. 2018-2019 PSM/RMP Tasks la PSM/RMP Quarterly Meetings (8 total; 4/year) with follow up documentation 2a PSM/RMP Program Updates/ Revisions (2 total; I/year) 3a PSM/RMP Refresher Training ( one 4 hour course) 4a Additional Support ( as needed basis)* Other Direct Costs ( materials, travel, shipping, etc.) 2018 -2019 Routine Tasks Total SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX Costs $ 8,400 $ 3,340 $ 1,540 $ 4,800 $ 300 $18,380 SCS ENGINEERS Page 6of7 Mr. Mark Biskup February 14, 2018 2018-2019 PSM/RMP Tasks 2019: Three-Year PSM/RMP/CalARP Compliance Audit lb On-Site PSM/RMP/CalARP Audit 2b Report Preparation+ QA 2019 Audit Total 2019: Five-Year PSM/RMP/CalARP Revalidation Studies le Process Hazard Analysis (PHA) Revalidation Study+ Report 2c Seismic Assessment Revalidation (includes site inspection+ Report) 3c Hazard Assessment Update 4c Risk Management Plan to SD County CUP A & RMP e*Submit to the EPA 2019 Revalidation Total Exhibit "A" Costs $ 1,400 $ 2,850 $ 4,250 $ 3,750 $ 1,600 $ 1,300 $ 1,490 $ 8,140 * Note: Task 4a -Additional Support to be provided only as requested by The City of Carlsbad Any allocated labor hours that are not utilized will not be invoiced SCS Tracer Environmental appreciates the opportunity to submit this proposal which is valid for 90 days. Please sign below to initiate project. If you have any questions, please feel free to contact me at 760-744-9611 or jtilley@scsengineers.com. Sincerely, SCS Tracer Environmental I· , "" .-; ,,{~7;! f i(_. './ < J "'Jake Tilley Project Manager SCS Tracer Environmental 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX SCS ENGINEERS Page 7of7 Mr Mark Biskup February 14, 2018 To be completed by Carlsbad MWD for project authorization: Exhibit "A" I agree to the scope of work detailed above in this letter and the Terms and Conditions attached. I hereby authorize SCS Tracer Environmental to proceed with this project to conduct the above tasks detailed above regarding the Maerkle Dam Facilities at Carlsbad MWD. Project Approved By: Print Name Signature Title 2018 -2019 PSM/RMP Assistance: 2018-2019 Routine Tasks 2019 3-Y ear Compliance Audit 2019 5-Year Revalidation Studies $18,380 $ 4,250 $ 8,140 $ 30,770 SCS Tracer Environmental Date 5963 La Place Court, Suite 207 • Carlsbad, CA 92008 760-744-9611 • 760-744-8616 FAX PO# _____ _ -~ ® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDIYYYY) ACC>RC> 02/27/2018 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services NAME: west, Inc. PHONE (866) 283-7122 j rffc. No.l: (800) 363-0105 Los An1eles CA office (A/C. No. Ext): 707 wi shire Boulevard E-MAIL suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER($) AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins Co 16535 Stearns, Conrad and Schmidt INSURER B: Steadfast Insurance company 26387 Consulting En~ineers, Inc. 100 INSURER C: 3900 Kilroy Airport way, Suite Long Beach CA 90806-6816 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070309707 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 't:'rR TYPE OF INSURANCE ~uu, SUtaK POLICY NUMBER IMM/DD/YYYYl 1~tl~&,Tvm LIMITS INSD 'IND A X COMMERCIAL GENERAL LIABILITY GLOUllL//OU£ U:l/ :ll/ ,u~, U:l/ .:S.L/ LU.L~ EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE [3JoccuR DAMAGE TO t<cN I cu $1,000,000 PREMISES tEa occurrence) >--MED EXP (Any one person) $25,000 -PERSONAL & ADV INJURY $2,000,000 ,_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 R [~YRO-0Loc $4,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: A AUTOMOBILE LIABILITY BAP 0112780-02 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) >--BODILY INJURY ( Per person) X ANY AUTO -OWNED -SCHEDULED BODILY INJURY (Per accident) >--AUTOS ONLY AUTOS -NON-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) -ONLY r-AUTOS ONLY UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE r-AGGREGATE EXCESS LIAB CLAIMS-MADE DEDI I RETENTION A WORKERS COMPENSATION AND WC011277902 04/01/2017 04/01/2018 XI ~'ffrnTE I IOTH-EMPLOYERS' LIABILITY Y/N ER ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Env Prof (E&o) IPR379235302 03/31/2017 03/31/2018 Per claim $1,000,000 Prof Liab -claims Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is included as additional insured in accordance with the policy provisions of the commercial General Liability kolicy. waiver of subrogation is included in favor of the City of Carlsbad in accordance with the policy provisions of the Wor ers' Compensation policy. Policies include 30 days notice of cancellation (except 10 days for non-payment). CERTIFICATE HOLDER CANCELLATION lL <( t--0 t--m 0 M 0 t--0 0 t--"' 0 z .l!! ns ., :;:: t: (I) u -~ ~ ~ Ii ~ -= ... ~ r---------------~-------------------,~ City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance services P.O. Box 4668 -ECM #35050 New York NY 10163-4668 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE :::::, EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ~ POLICY PROVISIONS. ;a:! 1-A_U_T-HO_R_IZ_E_D_R_E_P_RE_S_E_N-TA_T_IV_E ____________________ ---ll"lr_; ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD / v / Additional Insured -Automatic -Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 0112778-02 03/31/2017 03/31/2018 03/31/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Address (including ZIP Code): 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: 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 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", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occufrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount ofinsurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) 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 ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01/2017 Policy No. WC 0112779-02 Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Insurance Company: Zurich American Insurance Company Endorsement No. Premium$ WC124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on: 04/01/2017 Policy No. WC 0112779-02 of the: Zurich American Insurance Company at 12:01 A.M. standard time, forms a part of Endorsement No. issued to: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Premium (if any) $ 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization % of the California workers' compensation pre- Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1