Loading...
HomeMy WebLinkAboutKennedy/Jenks Consultants Inc; 2018-11-28; PSA19-596CAPSA19-596CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 50581 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kennedy/Jenks Consultants, Inc. a California corporation, ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide water modeling services for a new development 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 10, 2021, (“proposal”), attached as Appendix "A" for the InfoWater Pro Water Model Calibration, (the “Project"). The Project services shall include water modeling and generation of reports for new development. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department constitutes notification to proceed to the Contractor. Contractor shall begin work within three (3) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within two hundred sixty days (260) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager or General Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on times and materials. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix “A”, then the Contractor shall only invoice CMWD for work actually DocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 October 15, 2021 PSA19-596CA General Counsel Approved Version 7/19/17 2 performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $48,982. TABLE 1 FEE ALLOTMENT INFOWATER PRO WATER MODEL CALIBRATION TASK GROUP TIME & MATERIALS Task 1 – Data Collection $7,310 Task 2 – Extended Period Model Calibration $20,902 Task 3 – Technical Memorandum $12,629 Task 4 – Project Management $8,141 TOTAL (Not-to-Exceed) $48,982 CONTRACTOR Kennedy/Jenks Consultants, Inc. Kennedy/Jenks Consultants, Inc. (name of Contractor) (name of Contractor) *By: By: (sign here) (sign here) Todd K. Reynolds, Vice- President Gerard P. Cavaluzzi, Secretary (print name/title) (print name/title) toddreynolds@kennedyjenks.com jerrycavaluzzi@kennedyjenks.com (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: _____________________________________ Date: _________________________ Geoff Patnoe, Assistant Executive Manager, as authorized by the Executive Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 October 15, 2021 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 Carlsbad Municipal Water District InfoWater Pro Water Model Calibration Task Order #2 Kennedy Jenks (KJ) is pleased to submit this proposal to provide hydraulic model calibration services for Carlsbad Municipal Water District (CMWD). TASK ORDER BACKGROUND Innovyze recently completed a brand-new InfoWater Pro model build for Carlsbad Municipal Water District (CMWD). Innovyze used CMWD’s updated GIS geodatabase to build the model and worked with CMWD to simplify and streamline the new model where possible. This process included importing new features and updating existing features, deleting abandoned features, checking the model for connectivity issues, assigning pipe roughness values, and allocating the latest complete set of demand data (from August 2020) to the hydraulic model. The new model build includes 3 pump stations, 66 pressure reducing stations, 3 reservoirs, 7 tanks, 11 system interties, and over 16,800 pipe segments. CMWD is now looking to calibrate their new InfoWater Pro hydraulic model to better match the performance of their existing system. This can be accomplished by implementing current pump, valve, and tank control schema, and utilizing available intertie and pump flow data, tank level data, and system pressure data from CMWD’s SCADA system from a defined calibration period (typically 1 to 2 weeks) to calculate system demands and improve the accuracy of the model. The results of the model will be directly compared to the SCADA data to determine the accuracy of the model. TASK ORDER SCOPE OF WORK This task order consists of calibrating the new InfoWater Pro hydraulic model, which includes the following tasks: Task 1. Data Collection & Model Transfer •Participate in two virtual 2-hour model transfer workshops with Innovyze and CMWD •Review existing assets, typical set points for pump, tank, and valves, and available SCADA data with CMWD to understand system operations and controls •Develop and submit list of required data •Review and QC received data and determine appropriate calibration period that captures “typical” system operations Task 2. Extended Period Model Calibration •Develop plan/workflow to complete calibration based on available data. September 10, 2021 APPENDIX ADocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 • Establish initial conditions based on identified calibration period. Confirm pump controls and valve set points are accurate for the calibration period. • Develop diurnal demand pattern for the calibration period. • Perform Extended Period Simulation (EPS) model calibration. Calibrate the model to the level of accuracy described in the general guidelines provided by Section 4.1.4.2 of the AWWA Manual M32. Predicted HGLs will be within 5-10 ft of the field-recorded values, and water level fluctuations predicted by the model will be within 3-6 ft of the field-recorded values. • Hold a 2-hour virtual workshop with CMWD to review the draft calibration results and receive feedback from CMWD. Task 3. Technical Memorandum • An electronic copy of the draft technical memorandum (TM) will be provided to summarize each analysis (PDF format). • A final TM will be prepared based on CMWD’s comments on the draft technical memorandum. KJ will submit an electronic copy of the final TM to CMWD (PDF format). Task 4. Project Management • Provide project management and administration, consisting of team coordination, communication, budget and schedule tracking, and invoicing. It is assumed that the project will be completed in 3 months from Notice to Proceed. • Progress Meetings • Host a virtual 1-hour kickoff meeting with the full project team • Host a virtual 1-hour meeting to review the results of the draft TM and receive feedback from CMWD • Provide review of project deliverables utilizing Kennedy Jenks’s QA/QC program FEE ESTIMATE A fee estimate for this task order is provided in the attached fee table. Payment for services provided under this task order will be in accordance with the terms of the Master Agreement for Utilities Modeling Services executed between CMWD and KJ on November 28th, 2018. SCHEDULE The task order will be completed 3 months from Notice to Proceed. DocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 Proposal Fee EstimateKennedy Jenks CLIENT Name: Carlsbad Municipal Water DistrictPROJECT Description: Water Model CalibrationTerm:9/10/2021KJ KJn.+ Classification:TotalTotalLaborAssociated Project CostsHourly Rate:$290 $230 $175 $125 Hours Fees $9.74FeesTask 1 - Data Collection1.1 Model Transfer Virtual Workshops448 $1,620$78 $1,6981.2 Review existing operations and controls4812 $2,320 $117 $2,4371.3 Develop Data Request246 $1,160$58 $1,2181.4 Review Available Data and Define Calibration Period2810 $1,860$97 $1,957Task 1 - Subtotal0 1224 0 36 $6,960 $351$7,310Task 2 - Extended Period Model Calibration2.1 Calibration Plan Development246 $1,160$58 $1,2182.2 Establish Model Initial Conditions and Set Points4812 $2,320 $117 $2,4372.3 Diurnal Pattern Development41620 $3,720 $195 $3,9152.4 EPS Model Calibration125062 $11,510 $604 $12,1142.5 Virtual Model Calibration Results Workshop246 $1,160$58 $1,218Task 2 - Subtotal0 2482 0 106 $20,902$58 $20,902Task 3 - Technical Memorandum3.1 Draft Report123042 $8,010 $409 $8,4193.2 Final Report61521 $4,005 $205 $4,210Task 3 - Subtotal0 1845 0 63 $12,629 $409 $12,629Task 4 - Project Management5.1 Project Management18624 $4,890 $234 $5,1245.2 Progress Meetings (Virtual Kickoff Meeting and Virtual Draft TM Review Meeting)246 $1,160$58 $1,2185.3 Quality Control66 $1,740$58 $1,798Task 4 - Subtotal6 204 6 36 $8,141 $234 $8,141All Tasks Total6 74155 6 241 $46,635 $2,347$48,982Project AdminEng-Sci-9David F.Eng-Sci-3Connor R. / Evelyn C.Eng-Sci-6Paul C.Total Labor + Expenses© 2008 Kennedy/Jenks Consultants, Inc.DocuSign Envelope ID: 89289E18-27DB-4859-A62B-777EF873FE57 PSA19-596CA General Counsel Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 50581 This First Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Kennedy/Jenks Consultants, a California corporation ("Contractor") and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), dated November 28, 2018, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide water modeling services for new development 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 June 17, 2019, (“proposal”), attached as Appendix "A" for the Hydraulic Modeling and Engineering Services for Analysis of Future Development Projects, (the “Project"). The Project services shall include water modeling and generation of reports for new development. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the Executive Manager or General Manager and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within fourteen (14) months thereafter. Working days are defined in section 6-7.2 “Working Day” of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Executive Manager or General Manager. In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and material. Appendix "A", attached, prepared by Contractor and reviewed by CMWD, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of CMWD through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice CMWD for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $80,149. DocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 August 6, 2019 PSA19-596CA General Counsel Approved Version 7/19/17 2 TABLE 1 FEE ALLOTMENT HYDRAULIC MODELING AND ENGINEERING SERVICES FOR ANALYSIS OF FUTURE DEVELOPMENT PROJECTS TASK GROUP TIME & MATERIALS Task 1 - Potable Water System Analysis $73,967 Task 2 – Recycled Water System Analysis $6,182 TOTAL (Not-to-Exceed) $80,149 CONTRACTOR Kennedy/Jenks Consultants Kennedy/Jenks Consultants (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Sridhar Sadasivan, Vice President Joseph Alan Wojslaw, Assistant Secretary (print name/title) (print name/title) (e-mail address) (e-mail address) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, president or vice-president Column B Secretary, assistant secretary, CFO or Assistant treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ________________________________ Date: _________________________ for Scott Chadwick, City Manager APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: _____________________________ Deputy General Counsel DocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 August 6, 2019 APPENDIX "A" SCOPE OF SERVICES DocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 Carlsbad Municipal Water District Utilities Modeling Services – Water & Recycled Water Task Order No. 1 14-Month Term Kennedy Jenks (KJ) is pleased to submit this proposal to provide hydraulic modeling and engineering services for Carlsbad Municipal Water District (CMWD). MASTER AGREEMENT This task order will be executed under the Master Agreement for Utilities Modeling Services executed between CMWD and KJ on November 28th, 2018. TASK ORDER TERM 14 months TASK ORDER SCOPE OF WORK This task order consists of hydraulic modeling and engineering services for analysis of future development projects. Task 1. Potable Water System Analysis Provide up to 18 potable water system analyses to evaluate impact on service levels for various operational and network modifications related to new development projects. 1.1. Developer Model Check Evaluate proposed developer’s hydraulic model for consistency with CMWD’s planning criteria and CMWD system model hydraulic boundaries. Evaluate model for adequate water service and fire flow. 1.2. CMWD System Model Check Utilize CMWD’s existing hydraulic model to evaluate impact on service levels for various operational and network modifications related to new development projects. The analyses will utilize both static and extended period simulations and be analyzed under existing and future build-out demand conditions. 1.3. Technical Memorandum A draft technical memorandum will be provided to summarize each analysis. A final technical memorandum will be prepared based on CMWD’s comments on the draft technical memorandum. 1.4. QA/QC ATTACHMENT ADocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 Provide quality reviews of project deliverables utilizing Kennedy Jenks’s QA/QC program 1.5. Project Management Provide project management and administration, consisting of team coordination, communication, budget and schedule tracking, and invoicing. Task 2. Recycled Water System Analysis Provide up to 2 recycled water system analyses to evaluate impact on service levels for various operational and network modifications related to new development projects. 2.1. Developer Model Check Evaluate proposed developer’s hydraulic model for consistency with CMWD’s planning criteria and CMWD system model hydraulic boundaries. Evaluate model for adequate recycled water service. 2.2. CMWD System Model Check Utilize CMWD’s existing hydraulic model to evaluate impact on service levels for various operational and network modifications related to new development projects. The analyses will utilize both static and extended period simulations and be analyzed under existing and future build-out demand conditions. 2.3. Technical Memorandum A draft technical memorandum will be provided to summarize each analysis. A final technical memorandum will be prepared based on CMWD’s comments on the draft technical memorandum. 2.4. QA/QC Provide quality reviews of project deliverables utilizing Kennedy Jenks’s QA/QC program 2.5. Project Management Provide project management and administration, consisting of team coordination, communication, budget and schedule tracking, and invoicing. FEE ESTIMATE A fee estimate for this task order is provided in the attached fee table. Payment for services provided under this task order will be in accordance with the terms of the Master Agreement for Utilities Modeling Services executed between CMWD and KJ on November 28th, 2018. DocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 Proposal Fee Estimate Kennedy Jenks CLIENT Name: PROJECT Description: Task Order No. 1 - Developer Impact Analysis Term:14 Months Date: KJ KJ Classification:Total TotalLaborAssociated Project CostsHourly Rate:$290 $275 $260 $230 $205 $190 $175 $160 $110 $125 Hours Fees $9.74 Fees Task 1 - Potable Water System Analysis 1.1 Developer Model Check 18 108 126 $21,420 $1,227 $22,647 1.2 CMWD System Model Check 18 108 126 $21,420 $1,227 $22,647 1.3 Technical Memorandum 18 72 90 $15,660 $877 $16,537 1.4 QA/QC 18 18 $5,220 $175 $5,395 1.5 Project Management 18 18 36 $6,390 $351 $6,741 Task 1 - Subtotal 18 0 0 72 0 0 0 288 0 18 396 $70,110 $3,857 $73,967 Task 2 - Recycled Water System Analysis 2.1 Developer Model Check 2 6 8 $1,420 $78 $1,498 2.2 CMWD System Model Check 2 6 8 $1,420 $78 $1,498 2.3 Technical Memorandum 2 8 10 $1,740 $97 $1,837 2.4 QA/QC 2 2 $580 $19 $599 2.5 Project Management 2 2 4 $710 $39 $749 Task 2 - Subtotal 2 0 0 8 0 0 0 20 0 2 32 $6,182 $273 $6,182 All Tasks Total 20 0 0 80 0 0 0 308 0 20 428 $75,980 $4,169 $80,149Total Labor + ExpensesEng-Sci-3Eng-Sci-2Eng-Sci-7Eng-Sci-6Eng-Sci-5Eng-Sci-4Eng-Sci-8Carlsbad Municipal Water District 6/17/2019 Project Admin.Eng-Sci-9CAD© 2008 Kennedy/Jenks Consultants, Inc. DocuSign Envelope ID: A98879FE-B822-4524-BB0D-9D8A45D57D44 MASTER AGREEMENT FOR UTILITIES MODELING SERVICES KENNEDY/JENKS CONSULTANTS PSA 19-596CA THIS AGREEMENT is made and entered into as of the 2§.th day of hhrc\lv\ ~ , 2018, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Kennedy/Jenks Consultants, a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a consulting firm that is experienced in utilities modeling. 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 utilities modeling. D. Contractor has submitted a proposal to CMWD under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager''). The Executive Manager (or designee) or General General Counsel Approved Version 6/12/18 PSA 19-596CA Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed 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, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 2 General Counsel Approved Version 6/12/18 PSA 19-596CA 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 3 General Counsel Approved Version 6/12/18 PSA 19-596CA 10.1.4 Professional Liability. Errors and omIssIons liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 4 General Counsel Approved Version 6/12/18 PSA 19-596CA 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD: Name Eleida Felix Yackel Title Senior Contract Administrator Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2767 For Contractor: Name Title Address Phone Email Paul Chau Task Leader 9665 Granite Ridge, Suite 210 San Diego, CA 92123 858-676-7500 paulchau@kennedyjenks.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and 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 5 General Counsel Approved Version 6/12/18 PSA 19-596CA both parties. The representative receIvrng the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for 6 General Counsel Approved Version 6/12/18 PSA 19-596CA a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 6/12/18 PSA 19-596CA 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 Kennedy/Jenks Consultants, a California corporation By~ J-° i4d----:-- CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary Distri f the City of Carlsbad By: (sign here) 'f?. tr:c..lc. -r: /../vs hv\/v.-ce.. ~•~-cJ~t- (print name/title) • ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel 8 General Counsel Approved Version 6/12/18 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 __ 'Q.~ "e, C'=>\ Ce., On Q~'ce.< __ 2-\-YO \ 'b ____ before me, -~'('()i___ho..\\ , ~0:!(,.~_llib \ \ C... __ _ Date Here Insert Name and 7'itre of the Officer personally appeared \/a,rr_·~c\L. T. 11\J..$7"00__~ ~cse(?b A. Name(s) of Signer(s) \tJ ~"'b\Q.,\A ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) --15kre subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 0 ° KiMi°HALL <> 0 { COMM. #2161253 z Notary Public . California ~ Riverside County ~ My Comm. Ex ires Aug, 25, 2020 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------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:_ \.J-0.!::>,-e,-l ~~~trecii fuc_J, .. L-\"\ \\::"rJeS. \-ADoe t5 Se,,(!L_eS Document Date: nc:. ¼:>'rec --~-:;)Ql&_ ______________________ Number of Pages: ~-JQ __ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ?o.:\:I:\C,'L,..., T · \\v,.S:\nf"".I_ ✓corporate Officer -Title(s): V1LL~i"'1_~1.Qeo1' _ Partner -Limited r . General Individual Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: _________________________________ _ Signer's Name: kseQ'n (\. V\..lo~\~ -~orporate Officer -Title(s): fl-->~~. ect-e_t~ , Partner -Limited General -Individual Trustee .. Other: • Attorney in Fact Guardian or Conservator Signer Is Representing: _________ _ --------------------~~~-- ':(,'<.::<, 'C<,.'C{,.'C(,.'C(,'C<.,'C(,.'C<.,'C<., 'C<., 'C<.,'C<.,'C<.,'C<.,'C<.,'C<.,'Q,'C<.,'C<.,'C<., 'C,(,'C<., 'G(,'G(,'C<.,'C<.,'C<;<.X.,'C<.,'C<.,'C<.,'C<.,'C<.,'C<.,'C<.,'C<.,'C(,'C(,'C<.,'C<.,'C<J<X,'C<.,'C<.,'C<., 'C(,'< ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PSA 19-596CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of utilities modeling tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. CIP Prioritization (Supply/ Fire Flow/ Capacity Issues) B. Demand and Flow Projections C. Model Data Gap Analysis/ Recommendations D. Pressure Zone Analysis E. Shutdown/ Bypass Analysis F. Supply, Fire Flow, Capacity Assessment/ Recommendations G. Support (Water/ Recycled Water/ Sewer Models) H. Support with Inundation Modeling I. Water Quality Review Requests for work not listed above must be contracted under separate agreement. 9 General Counsel Approved Version 6/12/18 Master Agreement Consultant Services Rate Schedule UTILITIES MODELING, RFQ 18-05 / Discipline No. 21 Prices Valid through November 30, 2021 En ineer-Scientist-Specialist 4 En ineer-Scientist-Specialist 9 CAD-Technician Senior CAD Technician Pro·ect Administrator Administrative Assfstant Aide SUBCONSULTANTS Mission Consultin Jennifer Mae(/ Water Madelin Support · EXPENSES I Description I Cost I Milea/le I Federallv annroved miJeai;i:e rate Other Subconsultants TBD I Associated Proiect Costs* I $9.74* PSA 19-596CA Kennedy/Jenks Consultants $160 . $175 $190 .$205. $205 $205 $205 Task Lead· $230 $260 . $260 $275 $290 $110 $125 $150 $165 $125 ,,$105. $80 $150 %Markup '0% 10% * In addition to the above Hourly Rates, an Associated Project Cost charge of $9.74 per hour will be added to Personnel Compensation for costs supporting projects including telecommunications, software, information technology, internal photocopying, shipping, and other support activity costs related to the support of projects. 10 ACORD® CERTIFICATE OF LIABILITY INSURANCE 10/1/2019 I DATE (MM/DD/YYYY) ~ 9/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 4 7th Street, Suite 900 PHONE I FAX 'Air Lt-Ext\: fA/C Nol: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Comnanv 16535 INSURED KENNEDY/JENKS CONSULTANTS, INC. INSURER B : Travelers Property Casualty Co of America 25674 13?2l68 303 SECOND STREET, SUITE 300 SOUTH INsuRER c , Leximrton Insurance Comnanv 19437 SAN FRANCISCO CA 94107 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 15659319 REVISION NUMBER: xxxxxxx 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 LIMITS LTR TYPE OF INSURANCE ,ucn wvn POLICY NUMBER fMM/DDIYYYYl fMM/DDNYYY\ A X COMMERCIAL GENERAL LIABILITY y N GLO5833581 10/1/2018 10/1/2019 EACH OCCURRENCE $ 1 000.000 D CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED PREMISES fEa occurrence\ $ 1 000.000 f--- f---MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1 000.000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000.000 ~ [x] PRO-DLoc PRODUCTS -COMP/OP AGG $ 2 000.000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY N N BAP9326879 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT $ 1000000 fEa accidentl - X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx -OWNED -SCHEDULED X BODILY INJURY (Per accident) $ xxxxxxx AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY /Per accident\ - $ xxxxxxx B X UMBRELLA LIAB HOCCUR N N ZUP-15R04499 10/1/2018 10/1/2019 EACH OCCURRENCE $ 2 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2 000 000 OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION y XI ~~fTUTE I I OTH-A WC9326878 10/1/2018 10/1/2019 ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [ill N/A E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ 1000000 C PROFESSIONAL N N 026154151 10/1/2018 10/1/2019 $2,000,000 PER CLAIM LIABILITY $2,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: UTILITIES MODELING SERVICES. PSA19-596CA. THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRJTTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRJTTEN CONTRACT. THE UMBRELLA LIABILITY IS FOLLOW FORM OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY PER THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER 15659319 CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE PO BOX 4668 -ECM #35050 NEWYORKNY 10163-4668 CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATI © 1988 All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D501716 Certificate ID: 15659319 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Additional Insured Person(s) Or Organization(s): THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT WHERE REQUIRED BY WRITTEN CONTRACT. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the schedule, but 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 for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" 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 additional insured(s) at the location of the covered 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 contractors or subcontractor engaged in performing operations for a principal as a part of the same project. U-GL-1114-A CW (10/02) Attachment Code: D501717 Certificate ID: 15659319 POLICY NUMBER: GL05833581 COMMERCIAL GENERAL LIABILITY 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Operations Organization(s) THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". U-GL-1114-A-CW (10/02) Attachment Code: D491037 Certificate ID: 15659319 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY # WC9326878 WC 00 0313 (ED. 04-84) WAIVER OF OUR RIGHTS TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this , agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. This endorsement changes the policy to which it is attached and if 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 Eff Date: 10/1/2018 Effective Policy No: WC9326878 Endorsement No: NIA Premium$: NI A Insured: Kennedy/Jenks Consultants, Inc. Insurance Company: Zurich American Ins. Co. WC124 (4-84) WC 00 0313