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GHD Inc; 2018-11-28; PSA19-601CA
PSA19-601CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 55361 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between GHD Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018 (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide wastewater engineering in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated September 15, 2020, (“proposal”), attached as Appendix "A" for the Design Services for North Batiquitos Force Main Rehabilitation, (the “Project"). The Project services shall include design services for trenchless rehabilitation of the 14 inch ductile iron North Batiquitos force main. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and forty (240) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on calendar days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $100,943. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E October 27, 2020 PSA19-601CA City Attorney Approved Version 7/19/17 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E PSA19-601CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT DESIGN SERVICES TASK GROUP TIME & MATERIALS Project Management & Administration $16,369 Preliminary Engineering $29,675 Final Engineering $25,262 Bid Phase Services (Optional) $5,402 Construction Phase Services (Optional) $24,235 TOTAL (Not-to-Exceed) $100,943 CONTRACTOR GHD Inc. GHD Inc. (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Greg Watanabe, Vice-President J. Duncan Findlay, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E October 27, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E GHD 320 Goddard Way Suite 200 Irvine California 92618 USA T 949 648 5200 F 949 648 5299 W www.ghd.com September 15, 2020 Reference No. 11214838 Mr. Stephen Kash, PE Senior Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, CA 92008 Re: Proposal for Engineering Design Services for CIP 55361 – North Batiquitos Lift Station Force Main Rehabilitation Dear Mr. Kash: GHD is pleased to present this letter proposal to provide engineering design services to the City of Carlsbad (City) for the Capital Improvement Program Project 55361, North Batiquitos Lift Station Force Main Rehabilitation (Project). As requested and further discussed, please find below our proposed scope and budget to complete the preliminary engineering design, final engineering design, and bid and construction support services for the Project. Our scope of work and budget will be performed under our current Master Agreement for Wastewater Services (PSA19-601CA) with the City. Project Understanding A 14-inch ductile iron (DI) force main is the backup force main for the North Batiquitos Lift Station (NBLS) and connects to downstream manhole 47C-4. The 14-inch DI force main was constructed in 1977, and is approximately 1,800 linear feet (LF) from the NBLS access road adjacent to the Batiquitos Lagoon, extending to Gabbiano Lane within a single-family residential area, and up a steep vegetated hillside to manhole 47C-4. Approximately 600 LF of the 14-inch DI force main is in the steep vegetated slope between Gabbiano Lane and manhole 47C-4. Manhole 47C-4 is difficult to access because it is located at the top of a vegetated hill that is approximately 300 feet from the nearest roadway (Linden Terrace). NBLS is equipped with three (3) pumps (2-duty and 1-standby) with flow capacity (both duty pumps operating) of 2,250 gallon per minute (gpm). A redundant 14-inch PVC force main was constructed in 2001. The design max pressure for the DI force main with 2 pumps running is 160-ft (70-psi). In 2012, the 14-inch DI force main experienced a break at the NBLS, resulting in a spill and required emergency repair. Since 2012, the DI force main has not been operated due to suspected corrosion and associated risk of breaks; however, it is still connected to the lift station by a closed plug valve. To provide operational redundancy, the Project will structurally rehabilitate the DI force main from the extent of the 2012 emergency repair at the NBLS to the hilltop manhole 47C-4 using trenchless methods such as cured-in-place-pipe (CIPP) technology or Epoxy spray lining technology to minimize disruption to operations and disturbance to residents surrounding the project area. Sewer bypass is not required for the Project since the DI force main is offline and does not have any flow. The proposed scope of work for the Project will include the following: • Perform a condition assessment for the internal condition of the existing DI force main. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 2 • Evaluate Class IV fully structural NSF 61 approved lining technologies for pressure pipe including Pressure CIPP, Epoxy spray lining, and Primus pull-in-place lining. • Prepare a Force Main Rehabilitation Technical Memorandum that will summarize the findings of the force main condition assessment and provide recommendations for the feasible trenchless technology for the existing DI force main alignment. • Design up to four (4) inspection manholes along the DI force main alignment. • Prepare design plans, specifications, and engineer’s opinion of construction cost for bidding and construction of the Project. Scope of Work Task 1 Project Management and Administration This task includes the following project management and administration elements; Task 1.1 Project Management GHD will provide project oversight throughout the duration of the project including regular communication with the City, meeting coordination, schedule tracking, status update, and monthly invoicing. Task 1.2 Meetings GHD will conduct up to three (3) project meetings with City staff to discuss and review project status, submittal and overall design progress, and the results of prior submittals. The anticipated meetings include a project Kick-Off meeting, a 60% Design Review Meeting, and a 90% Design Review meeting. Deliverable(s): GHD will submit a meeting agenda to the City three (3) working days prior to the meeting and all meeting minutes shall be submitted within five (5) working days after the meeting. City comments shall be incorporated and final minutes shall be published for distribution and record in digital format. Task 1.3 Quality Control GHD will control the quality of work products delivered to the City through the implementation of a quality assurance/quality control program for this project. The program includes: • Use of an independent technical review committee made up of technical experts to review alternatives developed and evaluated, and recommendations made by the project team. Reviews will include evaluations of constructability, performance, conflicts, etc. • Independent review of each technical work product before its submission to the City. Task 2 Preliminary Engineering Task 2.1 Data Collection and Review DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 3 The City has provided GHD record drawings for the NBLS, emergency repair of the 14-inch DI force main, original construction of the DI force main, and the original construction of the 14-inch PVC force main. GHD will further research and obtain available record drawings, using the Underground Service Alert (USA Dig-Alert) utility database and GHD’s standard utility letter template, for other existing utilities and improvements within the Project area (including water maps, gas and electrical information, GIS files, Sewer Master Plan, etc.) and utilize this information to gather additional field data during an initial ½-day field investigation by two GHD staff. GHD anticipates City Engineering and Operations staff to be available to provide necessary access to utility facilities such as manholes, clean-outs, etc. to support the Preliminary Engineering effort. GHD will review the existing data to gain better understanding of the Project area as a basis for the development of this project. Task 2.2 CCTV of the DI Force Main GHD (via subconsultant) will provide up to three days of CCTV Inspection of the 14-inch DI force main to inspect the force main, on a best effort basis. GHD anticipates access to the force main via the existing manhole 47C-4 and inspection manhole at Station 95+19 will be provided by City crews. A three man crew and CCTV Inspection Truck with up to seven (7) hours of onsite inspection will be provided to mobilize the equipment to the access points and perform the CCTV. Our overall intent is to inspect the entire ~1,800 lineal foot length, but this will be dependent on the physical limitation of the CCTV equipment, inside surface conditions of the force main, and the City’s ability to dewater the force main, remove the cap at the tee inside the inspection manhole, and provide potential additional access points. This work effort assumes formal traffic control plans are not necessary because the manhole access is within a residential neighborhood where typically the Work Area Traffic Control Handbook (WATCH) is appropriate. Additionally cleaning of the DI force main prior to CCTV is excluded during this phase of the project. Any associated permit applications and submittals prior to performing the CCTV will be prepared and submitted on behalf of the City. Any direct fees associated with the applications will be paid by the City. Deliverable(s): A CCTV report identifying the physical locations and quantities of physical defects and any lining failures will be submitted. Digital copies of the CCTV videos will also be provided on digital video disc (DVD) format. Task 2.3 Force Main Rehabilitation Technical Memorandum GHD will conduct a condition assessment and develop a rehabilitation approach in preparation for the associated construction documents in Task 3 to rehabilitate the existing 14-inch DI force main. Prior to any formal rehabilitation design, GHD will prepare a Force Main Rehabilitation Technical Memorandum (TM) that will summarize the findings of the CCTV inspection, condition assessment, and provide recommendations for rehabilitating the force main with a feasible lining technology. The TM will include 30% drawings showing the layouts and the proposed siting of inspection manholes and an engineer’s opinion of probable construction cost. The TM document will be submitted as a Draft for the City’s review. A Final Force Main Rehabilitation Technical Memorandum will be submitted following the receipt of the City’s comments and are incorporated into the final document. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 4 Deliverable(s): A PDF copy (via email) of the Draft TM and the preliminary drawings will be submitted for City review. We will incorporate the appropriate comments and provide a Final TM in PDF format (via email). Task 3 Final Engineering Task 3.1 60% Submittal For the 60% Submittal, GHD will provide 60% design level plans, a table of contents of the project specific special provisions, design calculations, and a preliminary construction schedule including the anticipated, design completion, bid and award duration and construction duration. The 60% level design will include general and project specific notes and abbreviations and a listing of anticipated standard details to be used. A comprehensive Engineer’s Estimate of Probable Construction Costs and project bid schedule will be provided for the project at this phase. At this time, we anticipate the Project will contain six (6) drawings as shown in the preliminary sheet index table below. Deliverable(s): GHD will provide the 60% Submittal documents electronically in their native and PDF formats. Sheet No. Description 1 Title Sheet 2 Notes, Legend, and Abbreviations 3 14-inch DI Force Main Lining Location Map 4 14-inch DI Force Main Lining Detail Plan 5 14-inch DI Force Main Lining Details 1 6 14-inch DI Force Main Lining Details 2 Task 3.2 90% Submittal The 90% Submittal will incorporate all appropriate City comments on the 60% Submittal and any additional comments gathered during the 60% Submittal review period. The submittal will include 90% design level plans, all sections of the specifications and contract documents, an Engineer’s Estimate of Probable Construction Costs, and a construction schedule including a revised design schedule indicating the anticipated, design completion, bid and award duration and construction duration. Deliverable(s): GHD will provide the 90% Submittal documents electronically in their native and PDF formats. Task 3.3 Final Submittal The Final Submittal will incorporate all appropriate City comments on the 90% Submittal and any additional comments gathered during the 90% Submittal review period. The submittal will include complete signed original Mylar plans, all sections of the specifications and contract documents, and Engineer’s Estimate of Probable Construction Costs. Deliverable(s): GHD will provide the Final Submittal documents electronically in their native and PDF formats. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 5 Optional Services Task 4 Bid Phase Services Task 4.1 Inquiries During Bidding GHD will address questions and inquiries from bidders forwarded by the city. It is assumed that the City will field all questions and inquiries during the bid period, and pass along those that require a response from GHD. Deliverable(s): GHD will provide formal responses to inquires to the City, either in email or memo written format. Task 4.2 Bid Addenda GHD will assist with the preparation of addenda/revisions during a single contract bid period. The addenda/revisions will be provided by GHD and distributed to prospective contractors by the City. Deliverable(s): GHD will provide revised technical specifications or construction drawings electronically in PDF and native formats. Task 4.3 Bid Evaluation Support GHD will assist the City to evaluate the bids received and provide recommendations to the City for the final award of Contract. The bids will be evaluated against the Contractor’s minimum qualification requirements that will be detailed in the technical specifications for the work proposed. Deliverable(s): GHD will provide a formal review and recommendation for the final bid award to the City in memo written format. Task 5 Construction Phase Services Task 5.1 Construction Meetings Our Project Manager and Project Engineer will attend a single pre-construction meeting at the City or other City-designated location including an on-site visit with the Contractor to answer technical or other project related questions. Additionally, GHD will attend up to two (2) additional site visits during construction. Task 5.2 RFI’s and Submittal Reviews GHD will provide timely responses to Request for Information (RFI’s) initiated by the contractor and forwarded by the City. At this time, the budget for this task is based on a total of five (5) RFI’s. GHD will review submittals and shop drawings submitted by the contractor per the specifications. Review comments will be submitted to the City’s construction manager in a mutually-agreeable format to return to the contractor. At this time, the budget for this task is based on a total of five (5) complex submittals and assumes the City’s construction manager will address remaining construction submittals and shop drawings. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 6 Deliverable(s): GHD will provide formal responses to RFI’s and construction submittals to the City in memo written format. Task 5.3 Change Order Assistance GHD will provide review of any proposed change orders by the Contractor. The budget for this task is based on a total of two (2) proposed change orders. Deliverable(s): GHD will provide formal responses to change order requests to the City in memo written format. Task 5.4 Design Revisions During construction, GHD will provide a review of any proposed field changes to the original design as may be necessary to accommodate unforeseen site or improvements for the benefit of the City. GHD will prepare and issue these design plan revisions as necessary for construction. Deliverable(s): GHD will provide revised construction drawings electronically in PDF and native formats. Task 5.5 Record Drawings GHD will provide drafting services to prepare record drawings from a single consolidated set of marked up drawings provided by the City that show information on the design and/or installation changes made during construction. A marked up set of drawings will be provided to GHD after the contractor has completed the construction. Deliverable(s): GHD will provide the record drawings in their native AutoCAD and PDF formats. Project Assumptions and Scope Limitations • GHD will utilize publicly available aerial and GIS maps for the Project area and the DI force main record drawings provided by the City as base files for the analysis and production of the preliminary and final design deliverables. • The City will dewater the DI force main prior to the CCTV inspection. • There are no existing geotechnical reports and investigations by the City within the Project area. Historical geologic maps will be relied on for the existing soil conditions. • Potholing of existing utilities along and crossing the DI force main alignment will be performed by the Contractor during the construction of the pressure lining. • Inspection services for the lining of the DI force main, including coupon testing and evaluation, is not included in this scope of work. GHD can prepare perform inspection services an amendment to this proposal. • The contractor for the rehabilitation will prepare the traffic control plans for the lining installation and construction of the inspection manholes. • Sample specifications for this project will be provided at a later date for our use and modification. • Preliminary engineering design drawings shall be limited to exhibits and figures showing the proposed DI force main lining layout and inspection manholes. DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Carlsbad Batiquitos FM Rehab Proposal.docx 7 • Hydraulic modeling of the 14-inch DI Force Main, 14-inch PVC force main, and sewer collection system is not included in this scope of work. • CCTV inspection will be performed under prevailing wage standards for laborers. • All permits shall be paid by the City outside of this proposal or issued as “no fee”. • All drawings will be prepared on 24”x36” size sheets and conform to City of Carlsbad templates. • Two week City review period for all major deliverables. • The City will perform the Community Outreach with residences in the Project Area. Schedule Our project schedule is presented below. We anticipate refining the project schedule, deliverables, and City review schedules based on close coordination with the City and development of the work. Deliverable/Milestone Anticipated Date Notice-to-Proceed Week of October 5, 2020 Kick-off meeting Week of October 12, 2020 Force Main Rehabilitation TM Submittal December 2020 60% Submittal February 2021 60% Design Review Meeting March 2021 90% Submittal April 2021 90% Design Review Meeting May 2021 Final Submittal June 2021 Budget Our budget to complete the above services is presented in the attached Fee Proposal, which will be billed on a monthly on a time and materials, but not-to-exceed basis, and according to our fee schedule. We appreciate this opportunity to be of service. If you have any questions, please feel free to contact us. Sincerely, GHD Inc. Mr. Greg Watanabe, P.E. Ms. Casey Raines, P.E. Principal In Charge Project Manager (949) 585-5215 (949) 585-5212 DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E Task Description Principal-in-ChargeQA/QC ManagerProject ManagerProject EngineerSenior EngineerStaff EngineerCAD DesignerProject AssistantTotal HoursLaborSubconsultantsExpensesTotalHourly Rates $240 $200 $185 $165 $200 $145 $125 $85 Task 1 - Project Management and Administration Task 1.1 - Project Management 2 - 20 2 - - - 2 26 4,680$ -$ 156$ 4,836$ Task 1.2 - Meetings (3)2 - 12 6 6 - - 2 28 5,060$ -$ 333$ 5,393$ Task 1.3 - Quality Control 2 20 8 - - - - - 30 5,960$ -$ 180$ 6,140$ Subtotal Task 1 - Project Management and Administration 6 20 40 8 6 - - 4 84 15,700$ -$ 669$ 16,369$ Task 2 - Preliminary Engineering Task 2.1 - Data Collection and Review - - 2 8 - 12 - 2 24 3,600$ -$ 199$ 3,799$ Task 2.2 - CCTV of the DI Force Main - - 2 4 2 - 4 1 13 2,015$ 10,560$ 78$ 12,653$ Task 2.4 - Force Main Rehabilitation Technical Memorandum 1 - 6 12 4 24 40 1 88 12,695$ -$ 528$ 13,223$ Subtotal Task 2 - Preliminary Engineering 1 - 10 24 6 36 44 4 125 18,310$ 10,560$ 805$ 29,675$ Task 3 - Final Engineering Task 3.1 - 60% Submittal 1 - 4 8 2 8 40 - 63 8,860$ -$ 378$ 9,238$ Task 3.2 - 90% Submittal 1 - 8 12 4 12 40 - 77 11,240$ -$ 462$ 11,702$ Task 3.3 - Final Submittal 1 - 2 6 2 8 8 - 27 4,160$ -$ 162$ 4,322$ Subtotal Task 3 - Final Engineering 3 - 14 26 8 28 88 - 167 24,260$ -$ 1,002$ 25,262$ Task 4 - Bid Phase Services (Optional) Task 5.1 - Inquiries During Bidding 1 - 2 4 2 - - 1 10 1,755$ -$ 60$ 1,815$ Task 5.2 - Bid Addenda - - 2 4 2 - 8 1 17 2,515$ -$ 102$ 2,617$ Task 5.3 - Bid Evaluation Support 1 - 2 2 - - - - 5 940$ -$ 30$ 970$ Subtotal Task 5 - Bid Phase Services (Optional)2 - 6 10 4 - 8 2 32 5,210$ -$ 192$ 5,402$ Task 5 - Construction Phase Services (Optional) Task 6.1 - Construction Meetings 2 - 8 8 8 - - - 26 4,880$ -$ 321$ 5,201$ Task 6.2 - RFI's and Submittal Reviews - - 8 24 6 - - 2 40 6,810$ -$ 240$ 7,050$ Task 6.3 - Change Order Assistance 1 - 6 8 - - - - 15 2,670$ -$ 90$ 2,760$ Task 6.4 - Design Revisions 1 - 4 8 4 8 16 - 41 6,260$ -$ 246$ 6,506$ Task 6.5 - Record Drawings - - 2 4 - 4 8 - 18 2,610$ -$ 108$ 2,718$ Subtotal Task 6 - Construction Phase Services (Optional)4 - 28 52 18 12 24 2 140 23,230$ -$ 1,005$ 24,235$ Subtotal Tasks 1 through 3 10 20 64 58 20 64 132 8 376 58,270$ 10,560$ 2,476$ 71,306$ Subtotal Tasks 4 through 5 (Optional)6 - 34 62 22 12 32 4 172 28,440$ -$ 1,197$ 29,637$ Total (Not-to-Exceed)16 20 98 120 42 76 164 12 548 86,710$ 10,560$ 3,673$ 100,943$ City of Carlsbad Fee Proposal - CIP 55361 North Batiquitos Lift Station Force Main Rehabilitation Design Services September 15, 2020 DocuSign Envelope ID: CFBDFB72-8FFE-4DB7-8E11-434F8364CB6E PSA19-601CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 5550 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between GHD Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide Wastewater engineering in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated March 26, 2020, (“proposal”), attached as Appendix "A" for the Engineering Design Services for Villas Lift Station Replacement, (the “Project"). The Project services shall include Provide project management, surveying, and engineering services for sewer lift station upgrades. Optional services include architectural rendering and bidding and construction phase services. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten (10) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred and eighty (280) working days thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice the City for work actually DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 April 30, 2020 PSA19-601CA City Attorney Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $104,073. 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 PSA19-601CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT ENGINEERING DESIGN AND BID AND CONSTRUCTION PHASE SERVICES TASK GROUP TIME & MATERIALS Project Management & Administration $16,219 Preliminary Engineering $21,325 Final Engineering $34,202 Architectural Rendering $2,820 Bid Phase Services $5,302 Construction Phase Services $24,205 TOTAL (Not-to-Exceed) $104,073 CONTRACTOR GHD Inc GHD Inc (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Greg Watanabe, Vice President J. Duncan Findlay, Secretary (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 April 30, 2020 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 GHD 320 Goddard Way Suite 200 Irvine California 92618 USA T 949 648 5200 F 949 648 5299 W www.ghd.com March 26, 2020 Reference No. 11210377 Mr. Dave Padilla, PE Senior Engineer City of Carlsbad, Utilities Department, Engineering Division 5950 El Camino Real Carlsbad, CA 92008-8802 Re: Proposal for Engineering Design Services for CIP 5550 – Villas Lift Station Replacement Dear Mr. Padilla: GHD is pleased to present this letter proposal to provide engineering design services to the City of Carlsbad (City) for the Capital Improvement Program Project 5550, Villas Lift Station Replacement (Project). As requested, please find below our proposed scope and budget to complete the preliminary engineering design, final engineering design, and optional bid and construction support services for the Project. Our scope of work and budget will be performed under our current Master Agreement for Watewater Services with the City. Project Understanding The Villas Lift Station, located in the Winthrop Avenue Cul-de-Sac, was constructed in 1983 and serves several apartment complexes upstream. In 2004, the wet well was rehabilitated with the installation of a new PVC liner. In 2010, the original, above-grade pumps were replaced with two (2) 15 horsepower (HP) submersible pumps in the wet well along with new pump controls in an alternating lead/lag configuration. The Villas Lift Station is currently sized for a design capacity of 125 gallons per minute (gpm) at 90 feet. The existing 4-inch polyvinyl chloride (PVC) force main ultimately discharges to the North Agua Hedionda (NAH) Interceptor. The average daily flow is 30,000 to 35,000 gallons. The Villas Lift Station was originally planned for replacement, but further review by the City suggested that upgrades to the existing lift station could provide similar operational and economic benefits at a reduced cost. The proposed scope of work for the lift station upgrades will include the following: • Replace the existing PVC and DIP pump discharge piping in the wet well that is currently deteriorated. • Demolish the existing, above-grade discharge piping and valve enclosure that is no longer used. • Demolish the original lift station concrete pad adjacent to the wet well. • Demolish the existing flow meter and manhole vault located along the force main. A new flow meter, check valves, and isolation valve is to be installed in a new vault, preferably located adjacent to and on the west side of the wet well. The force main piping from the new flow meter/valve vault to the existing flow meter manhole will be replaced. • Construct a new panel lineup for pump controls, run time meter, and alarm panel. The existing motor starters will be evaluated for potential upgrade. • Construct a weather canopy with lighting over the new electrical panel lineup. Appendix "A" DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 2 • Demolish the electrical junction box and conduit leading to an existing bioxide storage tank that is no longer used. • Install a new access gate, sliding preferred, with electric gate operator. • Purchase a spare pump (Flygt MP 3127, 11 Hp, 208V, 3 Phase) for the Lift Station. The existing pumps are considered to be in good condition. • The pressure class for existing PVC force main shall be field verified during construction. Scope of Work Task 1 Project Management and Administration This task includes the following project management and administration elements; Task 1.1 Project Management GHD will provide project oversight throughout the duration of the project including regular communication with the City, meeting coordination, schedule tracking, status update, and monthly invoicing. Task 1.2 Meetings GHD will conduct up to three (3) project meetings with City staff to discuss and review project status, submittal and overall design progress, and the results of prior submittals. The anticipated meetings include a project Kick-Off meeting, a 60% Design Review Meeting, and a 90% Design Review meeting. Deliverable(s): GHD will submit a meeting agenda to the City three (3) working days prior to the meeting and all meeting minutes shall be submitted within five (5) working days after the meeting. City comments shall be incorporated and final minutes shall be published for distribution and record in digital format. Task 1.3 Quality Control GHD will control the quality of work products delivered to the City through the implementation of a quality assurance/quality control program for this project. The program includes: • Use of an independent technical review committee made up of technical experts to review alternatives developed and evaluated, and recommendations made by the project team. Reviews will include evaluations of constructability, performance, conflicts, etc. • Independent review of each technical work product before its submission to the City. Task 2 Preliminary Engineering Task 2.1 Data Collection and Review GHD will research and obtain available record drawings for existing utilities and improvements on the Lift Station site (including maps, GIS files, pump curves, Sewer Master Plan, etc.) and utilize this information to gather additional field data during an initial ½-day field investigation. GHD anticipates City Engineering and Operations staff be available to provide necessary access to utility facilities such as manholes, clean- DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 3 outs, etc. to support the Preliminary Engineering effort. GHD will review the existing data to gain better understanding of the lift station site as a basis for the development of this project. Task 2.2 Surveying GHD (via subconsultant) will provide a topographic survey per the following: • Perform the necessary research to obtain public right-of-ways, private property boundaries, and benchmarks per the City of Carlsbad survey control network • Provide topographic surveys to identify visible surface features utilities including, but not limited to, curbs, drives, gutters, manholes, vaults, valve cans, pull boxes, walls and fences • Verify manhole rim and invert elevations and tie into the project topographic base maps Task 2.3 Basis of Design Technical Memorandum Once we have gathered the information identified in the subtasks 2.1 and 2.2 above, we will summarize the findings, conclusions and recommendations for the proposed lift station upgrades in a Basis of Design Technical Memorandum (TM). The TM will include 30% drawings showing the civil and mechanical layouts and the proposed siting of electrical appurtenances and an engineer’s opinion of probable construction cost. Deliverable(s): A PDF copy (via email) of the Draft TM and the preliminary drawings will be submitted for City review. We will incorporate the appropriate comments and provide a Final TM in PDF format (via email). Task 3 Final Engineering Task 3.1 60% Submittal For the 60% Submittal, GHD will provide 60% design level plans, a table of contents of the project specific special provisions, design calculations and a preliminary construction schedule including the anticipated, design completion, bid and award duration and construction duration. The 60% level design will include general and project specific notes and abbreviations and a listing of anticipated standard details to be used. A comprehensive Engineer’s Estimate of Probable Construction Costs and project bid schedule will be provided for the project at this phase. At this time, we anticipate the Project will contain eighteen drawings as shown in the preliminary sheet index table below. Deliverable(s): GHD will provide the 60% Submittal documents electronically in their native and PDF formats. Sht No. Description 1 Title Sheet 2 Notes, Legend, and Abbreviations 3 Site and Mechanical Demolition Plan 4 Electrical Demolition Plan 5 Site Improvements DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 4 Sht No. Description 6 Mechanical Improvements 7 Site Details 8 Mechanical Details 9 Electrical Site Plan 10 Electrical Details 11 Single Line Diagram 12 Wiring Diagram 13 Panel Schedule 14 MCC / MCO Elevation 15 Instrumentation Legend and Abbreviations 16 P&ID 17 Instrumentation List 18 Instrumentation Details Task 3.2 90% Submittal The 90% Submittal will incorporate all appropriate City comments on the 60% Submittal and any additional comments gathered during the 60% Submittal review period. The submittal will include 90% design level plans, all sections of the specifications and contract documents, an Engineer’s Estimate of Probable Construction Costs, and a construction schedule including a revised design schedule indicating the anticipated, design completion, bid and award duration and construction duration. Deliverable(s): GHD will provide the 90% Submittal documents electronically in their native and PDF formats. Task 3.3 Final Submittal The Final Submittal will incorporate all appropriate City comments on the 90% Submittal and any additional comments gathered during the 90% Submittal review period. The submittal will include complete signed original Mylar plans, all sections of the specifications and contract documents, and Engineer’s Estimate of Probable Construction Costs. Deliverable(s): GHD will provide the Final Submittal documents electronically in their native and PDF formats. Optional Services Task 4 Architectural Rendering Task 4.1 Architectural Rendering GHD will prepare an architectural rendering of the Lift Station site upon request for review by the City’s Planning Department. DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 5 Deliverable(s): GHD will provide the architectural rendering electronically in their native and PDF formats. Task 5 Bid Phase Services Task 5.1 Inquiries During Bidding GHD will address questions and inquiries from bidders forwarded by the city. It is assumed that the City will field all questions and inquiries during the bid period, and pass along those that require a response from GHD. Deliverable(s): GHD will provide formal responses to inquires to the City, either in email or memo written format. Task 5.2 Bid Addenda GHD will assist with the preparation of addenda/revisions during a single contract bid period. The addenda/revisions will be provided by GHD and distributed to prospective contractors by the City. Deliverable(s): GHD will provide revised technical specifications or construction drawings electronically in PDF and native formats. Task 5.3 Bid Evaluation Support GHD will assist the City to evaluate the bids received and provide recommendations to the City for the final award of Contract. The bids will be evaluated against the Contractor’s minimum qualification requirements that will be detailed in the technical specifications for the work proposed. Deliverable(s): GHD will provide a formal review and recommendation for the final bid award to the City in memo written format. Task 6 Construction Phase Services Task 6.1 Construction Meetings Our Project Manager and Project Engineer will attend a single pre-construction meeting at the City or other City-designated location including an on-site visit with the Contractor to answer technical or other project related questions. Additionally, GHD will attend up to two (2) additional site visits during construction. Task 6.2 RFI’s and Submittal Reviews GHD will provide timely responses to Request for Information (RFI’s) initiated by the contractor and forwarded by the City. At this time, the budget for this task is based on a total of ten (10) RFI’s. GHD will review submittals and shop drawings submitted by the contractor per the specifications. Review comments will be submitted to the City’s construction manager in a mutually-agreeable format to return to the contractor. At this time, the budget for this task is based on a total of ten (10) complex submittals and assumes the City’s construction manager will address remaining construction submittals and shop drawings. DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 6 Deliverable(s): GHD will provide formal responses to RFI’s and construction submittals to the City in memo written format. Task 6.4 Change Order Assistance GHD will provide review of any proposed change orders by the Contractor. The budget for this task is based on a total of five (5) proposed change orders. Deliverable(s): GHD will provide formal responses to change order requests to the City in memo written format. Task 6.4 Design Revisions During construction, GHD will provide a review of any proposed field changes to the original design as may be necessary to accommodate unforeseen site or improvements for the benefit of the City. GHD will prepare and issue these design plan revisions as necessary for construction. Deliverable(s): GHD will provide revised construction drawings electronically in PDF and native formats. Task 6.5 Record Drawings GHD will provide drafting services to prepare record drawings from a single consolidated set of marked up drawings provided by the City that show information on the design and/or installation changes made during construction. A marked up set of drawings will be provided to GHD after the contractor has completed the construction. Deliverable(s): GHD will provide the record drawings in their native AutoCAD and PDF formats. Project Assumptions and Scope Limitations • Sample specifications for this project will be provided at a later date for our use and modification. • Preliminary engineering design drawings shall be limited to exhibits and figures showing the proposed lift station, alternatives, and any modifications to the existing sewer collection system. • Hydraulic modeling of the sewer collection system is not included in this scope of work. • Preparation of an Operations and Maintenance (O&M) Manual for operation of the major equipment installed at the lift station is not included in the scope and fee for the project. GHD can prepare an O&M Manual as an amendment to this proposal. • All permits shall be paid by the City outside of this proposal or issued as “no fee”. • All drawings will be prepared on 24”x36” size sheets and conform to City of Carlsbad templates. • Two week City review period for all major deliverables. DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Carlsbad Villas LS Replacement Proposal.docx 7 Schedule Our project schedule is presented below. We anticipate refining the project schedule, deliverables, and City review schedules based on close coordination with the City and development of the work. Deliverable/Milestone Anticipated Date Notice-to-Proceed Week of April 27, 2020 Kick-off meeting Week of May 4, 2020 Basis of Design TM Submittal June 2020 60% Submittal August 2020 60% Design Review Meeting September 2020 90% Submittal October 2020 90% Design Review Meeting November 2020 Final Submittal December 2020 Budget Our budget to complete the above services is presented in the attached Fee Proposal, which will be billed on a monthly on a time and materials, but not-to-exceed basis, and according to our fee schedule. We appreciate this opportunity to be of service. If you have any questions, please feel free to contact us. Sincerely, GHD Inc. Mr. Greg Watanabe, P.E. Ms. Casey Raines, P.E. Principal In Charge Project Manager (949) 585-5215 (949) 585-5212 DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 Task Description Principal-in-ChargeQA/QC ManagerProject ManagerProject EngineerSenior EngineerStaff EngineerCAD DesignerProject AssistantTotal HoursLaborSubconsultantsExpensesTotalHourly Rates $240 $200 $185 $165 $175 $145 $125 $85 Task 1 - Project Management and Administration Task 1.1 - Project Management 2 - 20 2 - - - 2 26 4,680$ -$ 156$ 4,836$ Task 1.2 - Meetings (3) 2 - 12 6 6 - - 2 28 4,910$ -$ 333$ 5,243$ Task 1.3 - Quality Control 2 20 8 - - - - - 30 5,960$ -$ 180$ 6,140$ Subtotal Task 1 - Project Management and Administration 6 20 40 8 6 - - 4 84 15,550$ -$ 669$ 16,219$ Task 2 - Preliminary Engineering Task 2.1 - Data Collection and Review - - 6 8 8 4 - - 26 4,410$ -$ 211$ 4,621$ Task 2.2 - Surveying - - 2 2 - - - 1 5 785$ 3,801$ 30$ 4,616$ Task 2.3 - Basis of Design Technical Memorandum 2 - 6 12 8 24 24 2 78 11,620$ -$ 468$ 12,088$ Subtotal Task 2 - Preliminary Engineering 2 - 14 22 16 28 24 3 109 16,815$ 3,801$ 709$ 21,325$ Task 3 - Final Engineering Task 3.1 - 60% Submittal 1 - 4 8 8 24 40 - 85 12,180$ -$ 510$ 12,690$ Task 3.2 - 90% Submittal 2 - 8 16 16 24 40 - 106 15,880$ -$ 636$ 16,516$ Task 3.3 - Final Submittal 1 - 2 6 6 8 8 - 31 4,810$ -$ 186$ 4,996$ Subtotal Task 3 - Final Engineering 4 - 14 30 30 56 88 - 222 32,870$ -$ 1,332$ 34,202$ Task 4 - Architectural Rendering (Optional) Task 4.1 - Architectural Rendering - - 2 2 - - 16 - 20 2,700$ -$ 120$ 2,820$ Subtotal Task 4 - Architectural Rendering (Optional) - - 2 2 - - 16 - 20 2,700$ -$ 120$ 2,820$ Task 5 - Bid Phase Services (Optional) Task 5.1 - Inquiries During Bidding 1 - 2 4 2 - - 1 10 1,705$ -$ 60$ 1,765$ Task 5.2 - Bid Addenda - - 2 4 2 - 8 1 17 2,465$ -$ 102$ 2,567$ Task 5.3 - Bid Evaluation Support 1 - 2 2 - - - - 5 940$ -$ 30$ 970$ Subtotal Task 5 - Bid Phase Services (Optional) 2 - 6 10 4 - 8 2 32 5,110$ -$ 192$ 5,302$ Task 6 - Construction Phase Services (Optional) Task 6.1 - Construction Meetings 2 - 8 8 8 - - - 26 4,680$ -$ 321$ 5,001$ Task 6.2 - RFI's and Submittal Reviews - - 12 40 6 - - 2 60 10,040$ -$ 360$ 10,400$ Task 6.3 - Change Order Assistance 1 - 6 8 - - - - 15 2,670$ -$ 90$ 2,760$ Task 6.4 - Design Revisions 1 - 4 8 2 8 16 - 39 5,810$ -$ 234$ 6,044$ Task 6.5 - Record Drawings - - 2 4 - 8 16 - 30 4,190$ -$ 180$ 4,370$ Subtotal Task 6 - Construction Phase Services (Optional)4 - 32 68 16 16 32 2 170 27,390$ -$ 1,185$ 24,205$ Subtotal Tasks 1 through 3 12 20 68 60 52 84 112 7 415 65,235$ 3,801$ 2,710$ 71,746$ Subtotal Tasks 4 through 6 (Optional) 6 - 40 80 20 16 56 4 222 35,200$ -$ 1,497$ 36,697$ Total (Not-to-Exceed) 18 20 108 140 72 100 168 11 637 100,435$ 3,801$ 4,207$ 104,073$ City of Carlsbad Fee Proposal - CIP 5550 Villas Lift Station Replacement March 26, 2020 DocuSign Envelope ID: B3110081-458A-430A-A603-606D3EBF9907 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis of Massachusetts, Inc.c/o 26 Century BlvdP.O. Box 305191Nashville, TN 372305191 USA GHD Inc.16451 Scientific WayIrvine, CA 92618 USA Ref: PWGS309 - As-Needed Environmental Engineering Services. City of Carlsbad/CMWD is included as an Additional Insured as respects to General Liability, Auto Liability andUmbrella/Excess Liability where required by contract or agreement. General Liability policy where required by contract or agreement shall be Primary and Non-contributory with any other City of Carlsbad/CMWDPublic Works Street Maintenance405 Oak AvenueCarlsbad, CA 92008-3009 11/22/2019 1-877-945-7378 1-888-467-2378 certificates@willis.com Allied World Assurance Company US Inc 19489 Zurich American Insurance Company Beazley Insurance Company Inc 16535 37540 W13949588 A 1,000,000 1,000,000 25,000 1,000,000 2,000,000 2,000,000 Y Y 0310-4497 12/01/2019 12/01/2020 B 1,000,000 07/01/202007/01/2019 Coll Ded: $500 Hired Physical DamagComp Ded: $250 Y Y BAP 3757423-04 100000 A 5,000,000 Y Y 0310-4498 12/01/2019 12/01/2020 5,000,000 WC 0380936-04BY 1,000,000No07/01/2019 07/01/2020 1,000,000 1,000,000 C Professional Liability Each Claim:V29594190101 12/01/2019 12/01/2020 Aggregate: 146830018847015SR ID:BATCH: $2,000,000 $2,000,000 Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: GHD Inc.16451 Scientific WayIrvine, CA 92618 USA insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability,Umbrella/Excess Liability where required by contract or agreement and Workers Compensation where required by writtencontract, agreement or permit where permissible by law or statute. Severability of Interest applies. Umbrella/Excess Liability Follows Form over General Liability, Auto Liability and Employer's Liability. 2 2 Willis of Massachusetts, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W13949588CERT:1468300BATCH:18847015SR ID: Coverage Extension Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. BAP 3757423-04 7/1/2019 7/1/2020 7/1/2019 --- --- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1.The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a.Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b.Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c.Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d.Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. . All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04/14) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured"to notify us of any "accident", claim, "suit"or "loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1)How, when and where the "accident"or "loss"occurred and if a claim is made or "suit"is brought, written notice of the claim or "suit"including, but not limited to, the date and details of such claim or "suit"; (2)The "insured’s"name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident",claim, "suit"or "loss"to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P.Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident"or "loss", provided that the "accident"or "loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q.Employee Hired Autos –Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f.of the Other Insurance –Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1)Any covered "auto"you lease, hire, rent or borrow; and (2)Any covered "auto"hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R.Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1)Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2)Make an error, omission, improper description of "autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S.Hired Auto –World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5)Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T.Bodily Injury Redefined The definition of "bodily injury"in the Definitions Section is replaced by the following: "Bodily injury"means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. BAP 3757423-03 4 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per-formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju-ry" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi-tional insured(s) at the site of the cov-ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con-tractor or subcontractor engaged in performing operations for a principal as a part of the same project. POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract Location And Description of Completed Operations: Where required by written contract Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz-ard". POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GL 00021 00 (07/09) PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a contract or agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. PSA 19-601 CA MASTER AGREEMENT FOR WASTEWATER ENGINEERING SERVICES GHD INC. J THIS AGREEMENT is made and entered into as of the 2,<8\:}\ day of "' ~~ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GHD Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in wastewater engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to wastewater engineering. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. SCOPE OF WORK The City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA 19-601 CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed three hundred thousand dollars ($300,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, the City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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. City Attorney Approved Version 6/12/18 2 PSA19-601CA The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City'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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 PSA19-601CA 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 the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by the City to obtain or maintain insurance and the City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The City reserves the right to require, at any time, 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 the City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill /II /II /II /II 4 City Attorney Approved Version 6/12/18 PSA 19-601 CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Greg Watanabe Title PE, Principal, Project Manager Address 175 Technology Drive, Suite 220 Irvine, CA 92618 Phone No. 949-648-5200 Email greg.watanabe@ghd.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City City Attorney Approved Version 6/12/18 5 PSA 19-601 CA Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The City 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, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to the City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA19-601CA 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 the City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of the City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-601 CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CONTRACTOR GHD Inc., a California corporation By: ~-~-e:.J\ (sign here) ~ ~. "t::)vt-JCAJ ~N~\A"\ 1 <;~CJll-l'A-t'i (print name/title) ' CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: If required by the City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California \ County of \ ~ S fu\,g-e 8~ {) On \(2·1---S· "}O\Eb beforeme,U\Yk\ S)OJf)'f'\~x:\)B'<', YtDtu\JYvj s~~\1l) Date ~ Here Insert Name and Title of the Officer . . ~ . . I ~ ,,...., personally appeared b f e :J O f' vj WQ,y \/Vl W o.::t-0fi \.RVC C Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th erson whose name~/are =to the within instrume and ackno~ed. to me that he/. executed the sam~· authorized capacitY, · s), and that b~r signature on the instrument the person ), y upon behalf of w 1ch the person(sJ acted, executed the i strument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document &:} ( Title or Type of Document: ~-\---5<, f-. hP({,R){'<\ RM± -fl 'Sf' \J )fiS1:::£VJ ~ Document Date: \ 0 · D C\ -7..--0 T1f5. Number of Pages: ' ------Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ • Corporate Officer -Title(s): ______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited • General • Partner -• Limited • G neral • Individual • Attorne · Fact • Individual • Att y in Fact • Trustee • Gu ian or Conservator • Trustee uardian or Conservator •Other:-----+-----------• Other: --~-----------Signer Is Represen · g: _________ _ Signer Is Re ~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ARIZONA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of Arizona County of Maricopa On October 26, 2018 before me, Samantha Jo Ziegler, personally appeared J. Duncan Findlay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. • SAMANTHA JO ZIEGLER NOTARY PUBLIC STATE OF ARIZONA MARICOPA COUNTY MY COMMISSION EXPIRES FEBRUARY 28 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PSA 19-601 CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of wastewater engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Condition Assessment / Reporting B. Odor Control Systems C. Operation and Maintenance (O&M) Contract Implementation and Management D. Capital Improvement Program (CIP) Contract Implementation/ Management E. Pump/ Lift Stations Improvement and Design F. Sewer Rehabilitation/ Replacement Design G. Sewer System Design and Modeling Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 GHD Inc. Expenses Name Greg Watanabe Matt Winkelman Casey Raines Jamar Awad Ulysses Fandino Larry Tortuya Various Various Various Various Various Description Mileage Office Consumables Other Hourly Rate Schedules (Effective through June 30, 2021) Title Contract Manager/ PIC QA/QC Project Manager Project Manager Project Manager Project Manager Senior Engineer Project Engineer Staff Engineer CAD Designer Project Assistant $.545/ Mile $6/hour Varies Subconsultants j~r,°J~t•'i' •n , ;!1t ~l<,•C'.,"{'1'7-'t<Jll',:."f:r ?'(l.,.,-,.,..r,r.:;v!.rT·°';'r'.~, fName, ,,,,,, , ,' :10~l }/,~.,__~/,, , ..,,,_,, 1rl::,\ ,ld'_,, .. .,~ ' .. _, P John Robinson / John Robinson Consulting Samir Hijazi / Archissance Ramon Gonzalez/ Ca!vada Saul Melgarejo/ Calvada TC Mueller I US! Permitting Architecture Surveying Sr. Project Manager Surveying Potholing 10 Hourly Rates* $240 $200 $185 $245 $225 $200 $175 $165 $145 $125 $85 % Markup 10% 0% 10% $150 $175 $132.5 $76.56 $175 PSA 19-601 CA GHD I City of Carlsbad PSA 19-601 CA Employee time will be billed in accordance with the fees listed above. Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, and fringe benefits. Professional employees will not be charged out at premium charge rates for overtime work. Expenses and other similar project related costs are billed out at cost plus 10%. The services of outside consultants will be charged at cost plus 10%. The cost of office consumables is billed on the basis of employee hours dedicated to the project at a rate of $6.00/hour. Mileage will be billed at $.545 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. (*) These rates do not apply to forensic-related services. GHD does not offer cash discounts. However, staff hourly rates are negotiable, if requested. 11 Page 1 of 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/03/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 NAME: Willis of Massachusetts, Inc. P.~~>N.t c .... 1-877-945-7378 I FAX 1-888-467-2378 c/o 26 Century Blvd fA/C Nol: P.O. Box 305191 it1D~~SS: certificates@willis.com Nashville, TN 372305191 USA INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Allied World Assurance Company us Inc 19489 INSURED INSURERS: Zurich American Insurance Company 16535 GHD Inc. 4747 N. 22nd Street, Suite 200 INSURERC: Lexington Insurance Company 19437 Phoenix, AZ 85016 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· W8324291 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,ucn wun POLICY NUMBER fMM/DD/YYYY\ fMMIDD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence) $ 1,000,000 A MED EXP (Any one person) $ 25,000 -y y 0310-4497 12/01/2017 12/01/2018 PERSONAL & ADV INJURY $ 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 R POLICY 0 .\'[& DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ~ X ANY AUTO BODILY INJURY (Per person) $ B ~ OWNED ~ SCHEDULED BAP 3757423-03 07/01/2018 07/01/2019 BODILY INJURY (Per accident) $ ~ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ tc,LI.IO§e<J~~oo t'-M.1,0Be9i'/L~50 /Per accident) X X Hired Physical Damag $ 100000 UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 2,000,000 A ~ X EXCESS LIAS CLAIMS-MADE y y 0310-4498 12/01/2017 12/01/2018 AGGREGATE $ 2,000,000 ✓ OED I I RETENTION $ $ WORKERS COMPENSATION XI ~ftuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN B ANYPROPRIETOR/PARTNER/EXECUTIVE EJ y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA WC 0380936-03 07/01/2018 07/01/2019 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liab. 031710989 12/01/2017 12/01/2018 Each Claim/Aggregate: $1,000,000 ✓ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GHD Project Number 8410676: La Costa Water Main Relocation Final Design, Agreement Number: UTIL1473. The City of Carlsbad is included as an Additional Insured as respects to General Liability where required by contract or agreement. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability and Workers 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 ~ml-7~ New York, NY 10163-4668 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16842110 BATCH: 894248 AGENCY CUSTOMER ID: ___________________ _ LOC#: --------- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Massachusetts, Inc. GHD Inc. 4747 N. 22nd Street, Suite 200 POLICY NUMBER Phoenix, AZ 85016 See Page 1 CARRIER I NAICCODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Compensation where required by written contract, agreement or permit where permissible by law or statute. Umbrella/Excess Liability Follows Form over General Liability, Auto Liability and Employer's Liability. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 16842110 BATCH: 894248 CERT: W8324291 POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Location And Description of Completed Operations: All locations and completed operations where required by written contract Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class Code: 21405 CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 D POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 Location And Description of Completed Operations: All locations and completed operations where required by written contract Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. Class Code: 21405 CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 • POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY CG 24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Carlsbad Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC000313 (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 City of Carlsbad 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: 001 Insured: GHD SERVlCES INC. Effective Policy No. WC 0380936-03 Endorsement No. 001 Premium $ INCL Insurance Company: AMERICAN ZURICH INSURANCE COMPANY Countersigned by WC124 (4-84) wcoo 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ POLICY NUMBER: 0310-4497 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV -Commercial General Liability Conditions is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment of Entity or Individual Address Premium) Where required by written Where required by written 30 Days contract contract GL 00068 00 (03/11) Blanket Notification to Others of Cancellation or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. BAP 3757423-03 7/1/2018 7/1/2019 7/1/2018 Add'I. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part ® ZURICH Return Prem. A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-832-A CW (01 / 13) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS WC 99 06 33 A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address correspondrng to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or 8. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Number of Days Notice: Organization(s): City of Carlsbad 30 All other terms and conditions of this policy remain unchanged. 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 pollcy.) Endorsement Effective: 09-08-2017 Insured: GHD SERVICES INC. Policy No. WC 0380936-03 Insurance Company: AMERICAN ZURICH INSURANCE COMPANY Endorsement No. 001 Premium $ INCL WC99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1