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Dudek; 2021-06-22; PSA21-1518UTIL
DocuSign Envelope ID: 6DAF814D-2467-40A5-9152-366BDC2D5F5E Attachment A PSA21-1518UTIL AGREEMENT FOR EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT DESIGN SERVICES DUDEK THIS AGREEMENT is made and entered into as of the 22nd day of June , 2021, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Dudek, a California corporation, ("Contractor"). RECITALS A.CMWD requires the professional services of a consultant that is experienced in engineering design services. B.Contractor has the necessary experience in providing professional services and advice related to engineering design services. C.Contractor has submitted a proposal to CMWD under Request for Proposals No. RFP21-1441UTIL and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1.SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services. Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of two (2) year from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred ninety-five thousand five hundred five dollars ($295,505). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". General Counsel Approved Version 6/12/18 1 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 6.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 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. 7.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9.OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version 6/12/18 2 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 10.INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11.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-:VI I"; 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 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. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 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. General Counsel Approved Version 6/12/18 3 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12.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. 13.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. General Counsel Approved Version 6/12/18 4 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Title Address Phone Sean Diaz Name Title Address Phone E-mail Amanda Combs Senior Engineer Project Manager Carlsbad Municipal Water District 605 Third Street 5950 El Camino Real Encinitas, CA 92024 Carlsbad, CA 92008 760.479.4174 760-603-7350 acombs@dudek.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. 17.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 NoEl 18.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the General Counsel Approved Version 6/12/18 5 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21 TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 22.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 at seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. General Counsel Approved Version 6/12/18 6 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 24. 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. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 26. 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. III II/ III III III III III II/ /// III General Counsel Approved Version 6/12/18 7 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL 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. CONTRACTOR DUDEK, a California corporation By: ioult 664. (sign here) Robert Ohlund, Vice-President (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: Matt Hall, President ATTEST: By: Amy Paul Z2a. for (sign here) Amy M. Paul, Secretary (print name/title) Barbara Engleson, Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By: Assistant General Counsel General Counsel Approved Version 6/12/18 8 DocuSign Envelope ID: 6DAF13140-2467-4DA5-9152-366BDC2D5F5E PSA21-1518UTIL EXHIBIT "A" SCOPE OF SERVICES General Counsel Approved Version 6/12/18 9 Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E Existing meter pedestals along El Fuerte St. 4/ Project Approach Project Understanding Dudek understands that the Carlsbad Municipal Water District (CMWD or District) intends to install three new motorized butterfly valves at two sites to enhance operational safety, flexibility and reliability of its water distribution system. Two of the valves are existing 42-inch and 24=inch valves located at the Maerkle Reservoir site that are currently in buried vaults with poor accessibility on the side of a hill. The piping will be extended and new valves with motor operators constructed at the bottom of the slope either above ground or in a vault. It is assumed that the new piping will be steel and the new valves AWWA C504 rubber seated butterfly valves with motor operators for open/close service. Power and SCADA connectivity for the operators and appurtenant equipment (e.g., sump pump, lights, etc.,) will likely be at the hydroelectric generator building located approximately 200 feet away. As this site is in a remote location at the end of Sunny Creek Road on CMWD property, construction of the improvements will have minimal public impact. The second site is located at El Fuerte Street just north of Rancho Pancho. A new motor operated butterfly valve in a vault will be constructed to isolate the existing 30-inch steel pipeline in El Fuerte Street. The vault will be located either in line with the pipe in the north bound lanes or the piping will be offset and the vault located next to El Fuerte Street. There is an existing pressure reducing station along the east side of El Fuerte Street in this area and an existing electric meter pedestal with 120/240V single phase power on the west side of the street just south of the intersection, which may provide the power for the new valve. Siting the new valve and vault will consider factors such as. property ownership, easement locations, electrical and SCADA connectivity, and accessibility for operations. Innovation and Successful Approach The Dudek Team will draw upon decades of experience designing water distribution system improvements that involve piping realignments, valves, vaults, and electrical and SCADA improvements. Although every project and site are unique, attention to the following elements is critical to the success of this project: •Vault Construction: New isolation valve vaults could be precast or cast-in-place (CIP) concrete. In our experience, CIP concrete structures are moderately more expensive to design and construct, but have the distinct advantages of greater field adaptability, robustness, and are watertight. It is currently assumed that vaults will be CIP concrete so that the design budget can accommodate either option. During preliminary design, each vault will be optimized specifically to their respective site. Aspects such as required geometry for operations and maintenance access, localized geotechnical concerns and loading conditions will be considered. •Vault Siting and Layout: When it's time to perform maintenance on the piping, valves, and equipment within a vault, it must facilitate safe access and the ability to repair and remove its components. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 8 8.8 COMMUNICATIONS Kickoff mewing to establish restonesidevelop strategy EvaLtation of exisiting data Conlistomrcpornn&anl direct mc.s to ' COLLABORATION TOOLS Sharepoint Client Web Portab Go To Meeting Wobinars DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E DUDEK Providing adequate clearance from the walls, between piping, roof, a safe means of ingress and egress, and couplings for piping disassembly are good vault design practices. •Vault Drainage: It is important that vaults do not collect water, which accelerates corrosion of metallic components. Grading the surface away from the vault, and specifying the right cover, piping penetration seals, water proofing, and sump pump system is critical to keeping vaults dry. Alternatively, constructing valves above grade with a housekeeping pad and light-weight cover is a way to lower costs and mitigate drainage concerns. •Corrosion Protection: Isolating dissimilar metals, isolating new and old metallic piping, good quality materials and coatings, and passive sacrificial anode cathodic protection systems are all design ' considerations to maximize the useful life of new and old metallic piping and appurtenance components. •Piping Connections: Connections to existing piping must not compromise the structural integrity or thrust restraint of the existing system. Careful selection of the connection couplings and thrust restraint methods is paramount. •Shutdown Considerations: Constructing the valve and piping improvements will require brief shutdowns of the affected pipelines. It is often necessary to limit the duration of such shutdowns and restrict the hours and months in which they can be performed. In highly restrictive situations, it is sometimes necessary to construct improvements around existing piping and drop in a pre- assem bled closure section during a brief shutdown window. Approach to Scope of Work Dudek has thoroughly reviewed the scope of work in the District's REP and accepts that scope in its entirety. The following provides additional scope detail, where needed, and clarifies our approach to completing each task in a manner that contributes to the overall success of the project. Task 1 — Project Management Award Meeting/Kick-Off Meeting. The Dudek team approach considers the award meeting and kick-off meeting key to set the project up for success. Our team will use this initial meeting to evaluate current conditions and capture the District and project team's project vision by defining the project critical success factors. The time will be used to coordinate amongst technical disciplines to outline the site opportunities and constraints that will shape the project design. By working closely together, all responsible parties will understand the issues and solutions developed as part of our design approach. Design Review Meetings/Meeting Minutes. Dudek will coordinate with the District to provide an overall anticipated meeting schedule at the beginning of the project. Design review meetings will be held at 30%, 60%, and 100% design levels and cover District comments, design decisions, next steps, and schedule updates. Agendas will be provided to District team members prior to meetings and Dudek will prepare and submit minutes for review within five business days following the meeting. Design review meetings can be held remotely with video conferencing or in person, depending on District preferences. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 9 Master deliwrables list 'Schedule tracking with Microsoft Project Budget tracking with Vision and Excel PROJECT WORKFLOW DocuSign Envelope ID: 6DAF814D-2467-40A5-9152-366BDC2D5F5E DUDEK Monthly Status Reporting and Tracking. Dudek will provide a project progress report each month with our invoice that will include tasks completed for the reporting period, tasks anticipated for the next period, schedule status and updates and a summary of the project budget expenditure to dates. In addition, progress meetings will be held on a monthly basis or as needed by teleconference depending on the progression of work to review budget and schedule status and the design plan. Monitoring/Controlling. Project schedule, budget and progress are monitored by earned-value schedules and budget tracking. The tracking system uses the project Work Breakdown Structure (WBS), combined with the project schedule to map the estimated projected accumulation of cost from beginning to end, referred to as the Base Line. As the project advances, the project manager communicates with the team on a regular basis to evaluate each task for completion and compares total earned value to project billings to establish a highly accurate budget status at any point in the project. Proactively managing the project schedule and budget from the • onset of the project provides the project manager with the early warning indicators necessary to manage the work effort and protect the project budget. Quality Control Our Project Manager and Quality Control Manager are responsible for quality assurance and monitoring the completion of quality control reviews. Each deliverable will receive a timely quality assurance/quality control (QA/QC) review, including subconsultant deliverables. Electronic copies will be delivered in both the format in which they were created and PDF. For City draft comments, we anticipate receiving one (1) copy containing the consolidated comments. Dudek will incorporate any comments and needed revisions or clarifications into the final documents. Task 2 — Data Collection and Research Immediately after receiving notice to proceed, Dudek will work closely with the District to obtain existing drawings, reports, standards and other information relevant to the project. We will distribute relevant information to our subconsultants. Dudek will also request record drawings from other utility owners in the project vicinity in a timely manner, as it can take several weeks to obtain all required maps and record drawings from franchise utilities. A site visit will ideally be conducted in conjunction with the kick-off meeting or very soon after. This is an important step in characterizing existing conditions that impact design and construction. Conditions will be documented with photographs and measurements Task 3 — Design Survey As a subconsultant to Dudek, SDE will conduct a topographic survey of the two project sites to meet the requirements of the project and RFP. Survey limits at the El Fuerte site will be large enough to allow the vault to be constructed either within the paved portion of the street or along the east or west sides. If locating the vault on a property adjacent to El Fuerte Street is selected, subtasks are included to obtain one title report and plot easements for the identified property and prepare a legal description and plat for a new easement. Dudek notes that we have existing survey at the El Fuerte site from a previous sewer design project that could be supplemented to cover any additional area needed. We would like to explore this cost-saving option with CMWD during contract negotiation. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 10 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E DUDEK Task 4 — Preliminary Design The first goal of the preliminary design phase is to evaluate alternatives for the siting and construction of the motorized valve and select the preferred approach for each site. The valve locations at the Maerkle site are fixed based on the configuration of existing piping. A decision is required as to whether the valves should be located in a vault or constructed above ground. The nature of the site would lend itself well to above ground valves, potentially with a lightweight cover for weather protection. This option would reduce design and construction costs and facilitate operations and maintenance access of the valves. At the El Fuerte site, the District would like to evaluate construction of the valve vault in the street in line with the 30" water pipeline or adjacent to the street. Considerations for each alternative include cost, maintenance, operational, safety, public impact advantages/disadvantages, and right-of-way. Dudek will conduct a thorough alternatives analysis and heavily weigh the preferences and concerns of District engineering and operations staff. The preliminary design technical memorandum will also document design criteria for all disciplines (civil, structural, mechanical, electrical, and corrosion protection) and present 30% design drawings and opinion of probable construction costs for the selected alternatives. The opinion of probable cost will be as detailed as possible for the project definition level (Estimate Class 3 per AACE cost estimate classification system) to support CMWD's budgeting process (i.e., no surprises at bidding). 30% drawings will be to scale and utilize the design-level topographic survey and utility mapping prepared for the project. Anticipated drawings include a plan for each site showing grading and piping improvements, including a new pad or vault, a valve assembly/vault section for both mechanical and structural disciplines, electrical site plans, and electrical single line diagrams & schedules. It is assumed that CMWD will provide the required height and location of the radio antenna for SCADA connectivity at the El Fuerte site based on the results of a District-procured light of sight study. If needed, this service can be performed by the Dudek team for an additional fee. Task 5 — 60% Design The 60% design drawings, specifications, and engineer's opinion of probable construction cost will further develop the design and include all project elements. Dudek will also provide the District with content for the front-end documents, including scope of project description, bid schedule, contract duration, and minimum contractor qualifications. Table 4 presents an anticipated list of drawings assuming cast-in-place vaults for both sites. The level of effort would decrease if the Maerkle valves are constructed above ground and/or precast vaults are used. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 11 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E DUDEK Table 4. Anticipated List of Drawings Sheet No. Drawing No. Description 1 T-1 Title Sheet, Vicinity Map, & Location Map 2 G-2 General Notes, Legend, and Abbreviations 3 C-1 El Fuerte Site and Piping Plan _ 4 C-2 Maerkle Site and Piping Plan 5 C-3 Civil Details - 1 . 6 C-4 Civil Details - 2 7 S-1 General Structural Notes 8 S-2 General Notes & Details 9 S-3 Structural Details 10 S-4 Structural Details 11 3-5 El Fuerte Vault- Plans 12 S-6 El Fuerte Valk- Sections 13 S-7 Maerkle Vault- Plans 14 S-8 Maerkle Vault-Sections 16 M-1 El Fuerte Valve Vault Plan and Sections 16 M-2 Maerkle Valve Vault Plan and Sections 17 M-3 Mechanical Details - 1 18 M-4 Mechanical Details - 2 19 E-1 Electrical Symbols, Abbreviations, and General Notes 20 E-2 El Fuerte Site Electrical Plan 21 E-3 El Fuerte Single Line Diagram and Schedules 22 E-4 El Fuerte Vault Electric/Lighting/Controls Plan 23 E-5 El Fuerte RTU Layout Diagram 24 E-6 Maerkle Site Electrical Plan 25 E-7 Maerkle Single Line Diagram and Schedules 26 E-8 Maerkle Vault Electric/Lighting/Controls Plan 27 E-9 Maerkle RTU Layout Diagram 28 E-10 Communications Systems Architecture 29 E-11 Electrical Details City of Carlsbad Drawings and San Diego Regional Standard Drawings will be referenced wherever applicable and supplemented with custom details. Technical specifications will be in CSI format. Opinion of probable cost will be Estimate Class 2 (detailed unit cost with forced detailed take-off) per AACE cost estimate classification system. Task 6 — 100% Design Following receipt of 60% design comments from the District, Dudek will proceed with preparation of 100% design documents that address all District comments and concerns. 100% drawings will be submitted to utility owners with facilities in close proximity to the work. Conflict check and conflict resolution documentation will be provided to the District. Opinion of probable cost will be Estimate Class 1 (detailed unit cost with detailed take-off) per AACE cost estimate classification system. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 12 DocuSign Envelope ID: 6DAF814D-2467-413A5-9152-36613DC2D5F5E DUDEK Task 7 — Final Design Following receipt of 100% design comments from the District, the Dudek Team will prepare final bid-ready drawings and specifications and the final engineer's opinion of probable construction cost in the formats required by CMWD. Task 8 — Bid & Construction Phase Services The Dudek Team will provide as-needed support to the District during bidding and construction of the project, including the following anticipated subtasks: Bid Phase •Provide responses to Requests for Information (RFIs) from prospective bidders and prepare up to two addenda. •Assist with review of bids received from the bidders upon request by CMWD. Construction Phase •Attend the pre-construction meeting and up to 10 progress meetings (assume meetings are video conference) •Review the contractor's submittals and shop drawings and provide responses within 10 working days (30 assumed) •Review and respond to contractor RFIs and provide responses within 5 working days (20 assumed) •Prepare design revisions (3 assumed) •Prepare record drawings based on the contractor's redline markups, change orders, field orders, or annotation by CMWD's inspector and submit electronic files (PDF and AutoCAD) Task 9 — Utility Locating & Potholing Services Dudek will prepare a potholing plan based on the 60% design for up to 10 potholes (6 at El Fuerte and 4 at Maerkle) for CMWD review. Dudek's potholing subconsultant, Underground Solutions, Inc., will obtain permits, perform the potholing, backfill the excavations and restore the surface, and provide a summary report. Task 10 — Geotechnical Services Dudek's subconsultant, Group Delta, will perform the geotechnical investigations outlined in the RFP. The location of the exploratory boring at the El Fuerte site will be as recommended by Dudek and confirmed by CMWD. It will be 6- to -inch diameter advanced with a truck mounted drill rig to a depth of approximately 20- feet below ground surface. In addition to calling on Underground Service Alert to mark out utilities, Group Delta will retain a private subsurface utility locator to further clear the proposed drilling location. Group Delta will obtain permits and provide traffic control, as needed. The boring will be backfilled with 2- sack slurry and patched with hot patch asphalt in accordance with City of Carlsbad standards. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 13 Envelope ID: 6DAF8140-2467-4DA5-9152-366BDC2D5F5E 5/ Project Schedule Based on the anticipated Notice to Proceed date of July 14, 2021, as well as our understanding of the scope of work and the District's goals, Dudek proposes the following project schedule through final design. Our project manager will update the schedule at key milestones. The management team of Russ Bergholz, PIC, and Amanda Combs, PM, will coordinate throughout the duration of the project to ensure that adequate resources are available to complete the project within the required timeline while maintaining strict quality control standards. El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 14 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E DUDEK Task Name Duration 2021 I luly !August ISeptember [October iNovember 'December 6/27 1 7/11 1 7/2S I 8/8 I 8/22 1 9/5 1 9/19 1 10/3 I 10/17 I 10/31 1 11/14 I 11/28 1 12/12 I 12/26 January iTe. 1 1/9 I 1/23 NOTICE TO PROCEED 0 days TASK 1 - PROJECT MANAGEMENT 129 days Kick-off Meeting 0 days 30% Review Meeting 0 days 60% Review Meeting 0 days 100% Review Meeting 0 days Project Administration and Progress Reporting 112 days TASK 2 - DATA COLLECTION AND RESEARCH 20 days Obtain and Review Reports and Drawings 10 days Site Visit and Document Existing Conditions 10 days Utility Record Drawing Requests 20 days TASKS-DESIGN SURVEY 15 days Topographic Surveying and Base Mapping 15 days TASK 4 - PRELIMINARY DESIGN 53 days Alternatives Assessment, Basis of Design, 30% 30 days Drawings, and Engineer's Opinion of Probable Construction Cost. Submit Draft Preliminary Design TM 0 days City Review 10 days Incorporate Comments and Revised TM 10 days Submit Final Preliminary Design TM 0 days TASKS- 60% DESIGN 30 days Specifications and Engineer's Opinion of 60% Design Submittal 0 days City Revi ew 10 days TASK 6 - 100% DESIGN 30 days Prepare 100% Drawings, Technical 20 days Specifications, and Engineer's Opinion of Probable Construction Cost 100% Design Submittal 0 days City Revi ew 10 days TASK 7- FINAL DESIGN 10 days Prepare Final Drawings, Technical 10 days Specifications, and Engineer's Opinion of Probable Construction Cost Final Design Submittal 0 days ,4 ., 1' /pa 1 VOINIIMill 9/24 11/24 .4. •1/10 Ix — ...—, .7 •II T. . --- 1 ,9/7 ' 4-4110/8 Prepare 60% Drawings, Technical 20 days 4, ..+ 1 . 1./s , .41V.2/22 - i 1 •1/24 Figure 2. Project Schedule El Fuerte and Maerkle Motorized Valves Project (Contract No. 5009/5050) Page 15 DocuSign Envelope ID: 6DAF814D-2467-4DA5-9152-366BDC2D5F5E City of Carlsbad P221373 Fuerte B, Maerkle Motorized Valves Pro) DUDEK FEE ESTIMATE REV 602021 DUDEK Project 1.080, Rolm Principal Engineer II Protest ManagemEngi neut., g Dudek Labor Senior Engineer I Hours and Rake Project Engineer Irrechnician I Senior Project Designer Coot /boater TOTAL ORDER DUDEK LABOR Subconsultant Fees Electrical GeotechnIcal Structural Corrosion Surveying & Engineefing Engineefing Ettginecting Engineering (dapping PotholIng OTHER DIRECT COSTS TOTAL FEE Team Member: Russ Bergholz Amanda Combs an Grano Alexandra Robin 1/14h4114 Nikki Hunter Kinney ' 6"; Gr444, Engincots. Inc. Group Della Inc. RF Yeager SDE USI Billable Rare $265.00 $235.00 5210.00 $180,00 $180.00 0140.00 HOURS COSTS Fee Fee Fe Fee FCC Fee Task 1 Project Management 1111.11.111 22 $7,082 1.1 Attend Kie;;0-1. 30%, 60% 100% Deagn RAJIV/ blernangs 10 . 54,980.00 5880.00 $1,155.00 $0710 I.2 1.3 Monthly Regress Meelin ..chodula and Budget track.rg ma eltllio-Mng, Invoang, a. Sub:ens:Atari Manaparnt 6 6 $1,410.00 $1,410 G 12 $2,250.00 1 $2,250 Subtotal Task 1 22 M i llign 10 I 6 40 18,640.00 : 567.20 $10,742 Task 2 Data Colledon and Research $4,2417 2.1 Cldgn and Review Record Documents 4 .111111:111111111111111.1111 14 $2,590,00 i $880.00 3770.00 2.2 Site Visa, Demme:at Eoisli Conditlom =111111111111112111. MINIIIIIMEM 52,420.00 I $1,76100 $44.00 $4,225 Subtotal Task 2 =1.1111=111 11111CM11113.11 15,010.00 ; . 044.80 $8,465 Task 3 Doskan Survey IMIIIIIIMOIIIIIIIIII 11 Topographic Sum & Mapes' 4 =111 51 $ ,5 21 10 0: 0 0 0 0 • irl 839.00 $16,343 3.7 Title Repert and Easement Plotting 11111 32 778.00 02,3813 3.3 Flat and Legal Description Inc II) Easement 1 1111111111111111.11. 62;10.00 $2 772 00 $2,982 Subtotal Task 3 2 2 2 10 $1,930.00 Mal $21,719 Task 4 Preliminary Design 4.1 Alternatives Analysis 4 8 12 P P P I 52,623 4.2 Dams of Design Criteria 4 12 16 .. 1 . I $3135.00 55,385 4.3 30% Drawings 2 8 12 20 40 02 . . . . 62,400 80 522,181 4.4 2.0% EngineMs Cblnion of Pre.batoSa Construction COEi 2 4 4 10 •III ' . $2,833 4.5 Draft .d Final TM 4 MEM 12 --1111111111111111 2 &.,402.rsl 56,403 Subtotal Tao', 4 1.1113111111111111=111111.2111111111112:11111 $39,416 Task 5 60% Design 11.11.1111111.11.1111.111 5.1 60% DrADA11125 12 1 2 •. . $7,510.00 545,267 50,292 5.2 GO% Technical Specificalcns 13 55,050.03 51,567 00 5,3 60% Enginem's CsInion of Probthe Consbuctien Cool 1 2 =El 5 5075.0) $440.00 51,415 Subtotal Task 5 19 36 IIII 167 $31,645.00 454,974 Task 6 100% Design 16 08.600.00 6,1 100% D'awirgs 111113111111M111111 120 572,7CO.00 $7,510.80 51,273.50 539,761 6.2 100% Technical Speckcalions e-o Appendices 4 251 16 63,260.00 $ea.ao $1,562.00 55,702 6.3 100% Engineer's Opinien of Ramble Conskurnian Cosi WI 4 6768.08251120.00 52,1155 Subtotal Task 6 13 140 926,225.00 $47,566 Task 7 Final Design III=1= 111118M IIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIII 7.1 Feat Signml DrarAnds $4.710.00 5530.00 61,795.20 5685.50 18,271 7.2 Foist Techrleal Spealcatlons arri A . ppend. 1 $14331100 $440.00 $1,529.00 . 6655.60 7.3 F`nal Engineers Opinion Di Probable Cantu:ben Cost 6220.00 146,5iT Subtotal Task 7 5 4 IIIIIMII 111.111111011111111.1111.11111111. 6396 35. .00 0 007 0 INIIIIIIIIIIIII 513,140 Task 8 Bld &Conetruclion Phase &mikes 111111 8.1 Respond to BKS%r RFI's a-td Propmo Lp to Two Addenda 1 2 6 9 $1,045.00 1440.00 5578.60 536503 63,399 8.2 8.3 A SSLY/1111 ROW/ of Bids 1 r.- 4 1 22 2 26 $500.00 16,230.00 $080.00 $448.00 6578.80 maw 663.60 $560 18,603 Alto-c Pre.Consleiclion Meeting and no lc 10 Progress Mornings 8.4 Revew 5-bm•Gais and Shop DratVngs (30 aseurned} 4 16 16 68 $13,300.00 $880.00 $1,157.20 $770.00 $16,107 8.5 Rated and Respond Is Contractor RFI's (20 assumed) 6 12 72 30 16,6)0.00 $440.00 $1,882.00 61,639.00 53%,00 $11286 8.5 Prepare Design Revisions (2 assumed) 1 4 6 23 34,626.00 $4,625 8.7 Prepare Record Drunkgs MM. 6 1.11101.1 11111133111 16110.00 $1120.00 657810 489.60 37,270 $51,749 Subt°121 Task 8 MMIIIIIMINKIMINEEIMIMEME 166 $10,910.00 Task 9 Wray Locating &Potholing Services MEOMIIMMIIIIIIIBMIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIII --- 9.1 r4iie Polglirg MR • n IIS. 0 5 can ol ng , assum ed) 11111111111. 4 7 7 $1,295.00 $1,295.00 $13,486.00 114,781 $14,787 Subtotal Task B 1 2 4 Task 10 Gootechnicel Services t 10.1 -Ern-geVle on c ,..eo ch-lny-Waliiino (1 borrg) and Desk1op Study or Manikin Site 1 2 3 1655.00 $32,296.00 337,951i Subtotal Task 1 Total Hours Total 25 56 625 00 ..1.= 158 537,130 00 2 185 538,850 00 133 521,280 03 256 506,063 00 6 0043.03 3 4655.00 I 5150 905 563 IIIIIIIIIII 535,710 532,157 007,579 57,577 519.751 $13,486 0252 131951 0290.005 Percagolliours (Base) JAI 2f% 24% /7% 2416 191 Page 1 of ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 DUDEK 605 THIRD STREET ENCINITAS CA 92024 American Guarantee and Liab. Ins. Co.26247 Continental Casualty Company 20443 Zurich American Insurance Company 16535 X X 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 3,000,000 3,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 PROFESSIONAL LIABILITY PER CLAIM $1,000,000 AGGREGATE $2,000,000 A BAP0146329 8/28/2020 8/28/2021 A GLO0146311 8/28/2020 8/28/2021 B EEH591932835 8/28/2020 8/28/2021 C AUC0146407 8/28/2020 8/28/2021 A WC0146330 8/28/2020 8/28/2021 8/28/2021 1475335 Y Y Y Y N Y Y 8/17/2020 N N 16768908 16768908 XXXXXXX CITY OF CARLSBAD / CMWD 1635 FARADAY AVE. CARLSBAD CA 92008-7314 PROJECT: ALL PROFESSIONAL SERVICES AS CONTRACTED. THE CITY OF CARLSBAD, WATER DISTRICT, ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE, ON A PRIMARY, NON-CONTRIBUTORY BASIS, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO, AND UMBRELLA LIABILITY COVERAGE, IF REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. X X See Attachments Additional Insured — Automatic — Owners, Lessees Or ZURICH® Contractors Policy No,Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No,Add'I. Prem Return Prem. GLO0146311 8/28/2020 8/28/2021 8/28/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Per attached certificate This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and Attachment Code: D574649 Certificate ID: 16768908 b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non¬contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Attachment Code: D574649 Certificate ID: 16768908 Waiver Of Subrogation (Blanket) Endorsement Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer Add'I. Prem Return Prem. GLO0146311 8/28/2020 8/28/2021 8/28/2020 N/A $ N/A N/A CITY OF CARLSBAD / CMWD 1635 FARADAY AVE. CARLSBAD CA 92008-7314 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/00 Attachment Code: D574648 Certificate ID: 16768908 Coverage Extension Endorsement ZURICH Policy No.Eff. Date of Pol,Exp. Dale of Pol.Eff, Dale of End.Producer No.Add'I. Prem Return Prem. BAP0146329 8/28/2020 8/28/2021 8/28/2020 N/A N/A N/A CITY OF CARLSBAD / CMWD 1635 FARADAY AVE. CARLSBAD CA 92008-7314 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. My "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. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the 'Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: Attachment Code: D574651 Certificate ID: 16768908 This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, Attachment Code: D574651 Certificate ID: 16768908 watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form Is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: My "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: Attachment Code: D574651 Certificate ID: 16768908 a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any 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 am 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. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage Is replaced by the following: 4. Coverage Extensions a. Transportation Expenses Attachment Code: D574651 Certificate ID: 16768908 We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04/14) Attachment Code: D574651 Certificate ID: 16768908 Policy Number, WC0146330 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 SEci. 4-841 WAIVER. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.} You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, The additional premium for this endorsement shall be 0 % of the California workers' compensation pre, mium otherwise due on such remuneration. Person or Organization Schedule Per attached certificate Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR. wow( PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4841 WC 04 03 06 (Ed. 4-84) Attachment Code: D574650 Certificate ID: 16768908