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Eagle Aerial Photography Inc d.b.a. Eagle Aerial Solutions; 2023-04-28; PSA23-2148UTIL
PSA23-2148UTIL General Counsel Approved Version 12/28/2022 1 AGREEMENT FOR PHASE 2 - AERIAL GEOGRAPHIC LANDSCAPE MAPPING OF COMMERICAL, INDUSTRIAL AND INSTITUTIONAL DEDICATED IRRIGATION METER PREMISE SERVICES EAGLE AERIAL PHOTOGRAPHY, INC., D.B.A. EAGLE AERIAL SOLUTIONS THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, 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, California, ("CMWD"), and Eagle Aerial Photography, Inc., a Delaware corporation, d.b.a. Eagle Aerial Solutions, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in aerial geographic landscape mapping. B. Contractor has the necessary experience in providing professional services and advice related to aerial geographic landscape mapping. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty one thousand eight hundred and twenty five dollars ($31,825). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed forty thousand dollars ($40,000) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A." DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 28th April PSA23-2148UTIL General Counsel Approved Version 12/28/2022 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may 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 DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 3 insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 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 DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 4 to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Keri Martinez Name Kimberly Zajac Title Senior Engineer Title Project Manager Carlsbad Municipal Water District Address 3333 Michelson Dr, #300 Address 5950 El Camino Real Irvine, CA 92612 Carlsbad, CA 92008 Phone 714-754-7670 x714 Phone 442-339-2354 E-mail kzajac@eagleaerial.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. DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 5 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 ☒ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 6 will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad EAGLE AERIAL PHOTOGRAPHY, INC., a Delaware corporation d.b.a. Eagle Aerial Solutions By: By: (sign here) Vicki V. Quiram, General Manager as authorized by the Executive Manager Wayne Tate, President & CFO (print name/title) By: (sign here) Paul Clark, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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: CINDIE K. McMAHON, General Counsel By:_____________________________ General Counsel DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 PSA23-2148UTIL General Counsel Approved Version 12/28/2022 8 Exhibit “A” Scope of Services Phase 2 – Aerial Geographic Mapping of Commercial, Industrial and Institutional Dedicated Irrigation Meter Premise Services Per the attached detailed proposal from Eagle Aerial/NV5, the Phase 2 scope of work includes consultation and aerial mapping services to assist Carlsbad Municipal Water District in compliance with the California Water Use Efficiency Framework (SB606/AB1668). The Phase 2 work includes mapping dedicated irrigation meter (DIM) premise boundaries for commercial, industrial, and institutional (CII) businesses to determine an actual water use for outdoor landscape irrigation. This work will allow Carlsbad Municipal Water District to (1) calculate a required water budget for inclusion into a required urban water use objective and (2) report actual water use (consumption) compared to expected water use (mapped irrigated landscaping) as directed by CII portion of SB606/AB1668. Regulatory compliance requires a minimum of 20% of the outdoor CII DIMs irrigation areas to be mapped annually over the next 5 years. The selection of this subset of premises to be mapped in Phase 2 is based on the work completed in Phase 1. Phase 2 scope of work includes mapping 95 premises (inclusive of approximately 650 irrigation meters), at $335/per premise for a total of $31,825. DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 Summary The Eagle/NV5 team will work to deliver to Carlsbad Municipal Water District consultation services in support of data aggregation and generation that will facilitate compliance with the California Water Efficiency Framework (SB606/AB1668). Consultation and mapping services provided to meet this goal will be worked in phases. The first phase of this project has been completed and was delivered to Carlsbad Municipal Water district in November, 2022. Phase 1 of the consultancy services supported the following objectives, (1) intelligent extension of single family and multifamily coded parcels, delivered as part of the Landscape Area Measurements project (conducted by CADWR), to ensure that all irrigated areas within these parcels are accounted, (2) analysis of dedicated landscape meter data that will allow for meters to be grouped into premises with aggregate preliminary premise consumption reports of water use, and (3) a budget and a project plan outlining the necessary steps to complete the landscape mapping of the identified dedicated landscape premises. This document serves as the workplan and budget for the second phase of this work. As part of the Phase 2 analysis and mapping, Carlsbad Municipal Water District will receive mapped dedicated irrigation meter premise boundaries as well as mapped landscape areas associated with these premises. By mapping the landscaping served by the dedicated irrigation meters Carlsbad Municipal Water District will be able to report actual water use (consumption) compared to expected water use (mapped irrigated landscaping) as directed by CII portion of SB606/AB1668. Once this phase of the project is complete, additional consulting and mapping services can be obtained to determine the best path forward for mapping the remaining Commercial, Industrial, and Institutional parcels watering large areas of landscaping with mixed use metered water (Final Phase). Geographic Extents The geographic area addressed in this Statement of Work (SOW) is the service territory of Carlsbad Municipal Water District and/or the extent of where dedicated irrigation meters serve. Source Data The Eagle/NV5 team will work closely with the Carlsbad project manager to ensure that all relevant information is made available at the onset of the project phase. Timelines and delivery schedules will be adjusted to account for late or incomplete transfer of data to the production team. Data required includes: ●Summer imagery – 1 ft resolution, 4-band (2020 available via DWR) ●Approved meter grouping report (delivered as part of Phase 1 report) ●Preferred prioritization list/guidance from Carlsbad Municipal Water District on which premises to map Methods Approving Meter Grouping Report and Prioritization of Mapping - The Phase 1 analysis resolved 1,766 unique dedicated irrigation meters into 881 unique premise locations (some premises have more than one meter serving them). Of the 881 premises or meter groupings, 25 had zero consumption over the most recent 1 year of water consumption data. The meter groupings/preliminary premises and the methods used to come to these groupings are summarized in the ‘Grouping_Report’ delivered at the close of Phase 1. To move into Phase 2, we will need Carlsbad Municipal Water District to review and approve EXHIBIT "A" SCOPE OF SERVICES PSA23-2148UTIL Exhibit "A" (cont'd) DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 (or request adjustments) to these groups. After the groupings have been finalized Carlsbad Municipal Water District can prioritize which premises are mapped first or can use this as an opportunity to adjust the level of effort to the available budget. Premise Mapping – With meter groupings confirmed and the prioritization finalized, our analysts will map the provisional premise boundaries. This work is completed using heads up digitization methods with the base imagery used in the analysis for reference. Ancillary data sources such as Google Street View and other image services are consulted to help in the identification of premise boundaries. The goal of this step is to provisionally map the max extent of the landscaping that the dedicated irrigation meters are serving. Premise Approval (Carlsbad Municipal Water District) – Once the premise boundaries are mapped in draft form the boundaries will need to be reviewed and approved by the water district staff. We have found that the refinement of these premise boundaries is best supported by water district staff that is very familiar with the customers properties (i.e. meter readers or some other equivalent). The approval process can take many forms but is most often facilitated by NV5G analysts and project managers through screen share sessions, water district review of PDF maps (see Figure 1 for example), and through GIS data review. We will work closely with Carlsbad to determine the most appropriate review combination to support a timely and efficient review period. Figure 1. Example premise boundary as displayed in a PDF map review packet generated and delivered to aid in the review and approval of premise boundaries. Additional review is accomplished via shapefile review and through facilitated screen share sessions. PSA23-2148UTIL Exhibit "A" (cont'd) DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 Landscape Area Mapping – Mapping of the landscape area to the Land Use Classification Data set (LUCD) schema follows the premise approval step. The LUCD classification follows the land use/irrigation classification developed in during the statewide initiative to map the residential landscaping but provides more detailed information about landscape types, Table 1. The classification has been further expanded to include Special Landscape Areas (SLA) and engineered slopes. Special Landscape Areas and Engineered Slopes are mapped as a part of the Maximum Applied Water Allowance (MAWA). Special Landscape Areas are mapped landscapes dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Engineered slopes are mapped landscape areas which are purposely graded and planted for vegetative slope stabilization and erosion control. Once landscape areas for each approved and prioritized premise is completed the data is to be reviewed and approved by Carlsbad Municipal Water District staff. These reviews are essential and allow for local knowledge about SLA and engineered slopes to be appropriately captured and represented in the final data product. These reviews are generally completed through draft shapefile deliveries. Facilitated screen share sessions have also resulted in successful collaboration at this step of the process. Table 1: The Land Use Cover Data (LUCD) classification has been developed to meet the standards of CADWR and provides accurate mapped level classifications of landscape types that will allow for water allocations to be calculated. This classification is further expanded during this effort to capture Special Landscape Areas (SLA) and engineered slopes. LUCD Classification System Level 1 Level 2 Irrigation Status 1. Impervious Impervious Not Irrigable 2. Pools Swimming pools/man made water features Irrigated 3. Irrigated 3.1 Turf/Lawn 3.2 Vegetated Cover 3.3 Tree/Canopy 3.4 Bare Earth Irrigated 4. Irrigable Not Irrigated 4.1 Turf/Lawn 4.2 Vegetated Cover 4.3 Tree/Canopy 4.4 Bare Earth Irrigable Not Irrigated 5. Non-irrigated Vegetation Undeveloped for the purposes of irrigation Not Irrigable 6. Undeveloped Lands Undeveloped Lands Not Irrigable 7. Horse Corrals Horse Corrals Irrigated 8. Open Water Other open natural water (rivers/ponds) Not Irrigable 9. Artificial Turf Artificial Turf Not Irrigable 10. Agricultural Land Agricultural Land (.25 acre mmu) Irrigated An example of the level of detail provided in the LUCD classification mapping is demonstrated in Figure 2. PSA23-2148UTIL Exhibit "A" (cont'd) DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 Figure 2. Example of the Land Use Cover Data (LUCD) set classification over an institutional parcel. The landscape area mapped during this process will be extended to map all the landscape areas associated with the dedicated meters, even when it needs to be mapped outside of the parcel boundary. This data can then be summarized and used to calculate water allocation and compare against actual water consumption at the premise level. Water Allocation Calculations – Once the landscape area is complete and the data has been reviewed and approved by Carlsbad Municipal Water District the total irrigated landscape area, inclusive of any special landscape area distinctions, will be used to generate water allocation to meet the statewide reporting requirements. These calculations follow the most up to date guidance as provided by CADWR. Once there are enough premises completed with the LUCD data it is time to implement WaterView CII this will provide near real time demand can be compared against recent water consumption. The Waterview CII application pulls from local CIMIS stations and applies up to date evapotranspiration (ET) and effective precipitation when estimating water demand for each unique landscape type associated with the premises. All of the other tools in WaterView will be available once the premise data is loaded. Report, Final Delivery and Metadata – Once all data has been finalized and approved by the staff at Carlsbad Municipal Water District a final technical data report will be generated. This report will outline the process steps taken to accomplish this work as well as provide summary statistics of the results. All deliveries will contain FGDC compliant metadata created in a format most suitable to the District. Next Steps, Phase 3 – After all dedicated irrigation meters are mapped into premises, Carlsbad Municipal Water District can choose to have the remaining CII parcels that contain more than one acre of total landscaping and are served by mixed-use meters (MUMs) mapped to the LUCD data schema. The results of Phase 3, if executed, will allow Carlsbad Municipal Water District to meet the reporting requirements for these types of properties. More information on this phase of the project will be provided at the conclusion of Phase 2. Deliverables This statement of work covers the second phase of the analysis for Carlsbad Municipal Water District. At the conclusion of this contract, Phase 3 statements of work and budgets will be available. PSA23-2148UTIL Exhibit "A" (cont'd) DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 Phase 1 deliverables: 1.Esri compatible feature class or shapefile with premise boundaries for all DIMs prioritized during this mapping effort 2.Esri compatible feature class or shapefile with landscape area mapping results (LUCD) summarized to the premise boundaries a.Tabular information and summary statistics are also supplied via .csv files for ease of use 3.Theoretical average water allocation based on historical ET and effective precipitation – provide as an excel workbook a.Generated using the most current formulations provided by CADWR and the State Water Board. 4.Technical data report 5.FGDC compliant meta for all spatial files Schedule and Timelines Timelines for completing this work are dependent on the number of premises prioritized for mapping, the responsiveness of the water district to questions and client review timelines at each review stage. Typical projects are completed with 4-6 months of contract signing. Communication around timelines and progress are provided on a regular basis to ensure transparency of the project progress. Pricing Phase 2 work is completed on a unit cost basis. Premise delineations, landscape area mapping to the LUCD data schema (inclusive of all SLA and engineered slopes) and all associated data reports are included for a price of $335.00 per premise. * This assumes at least 95 premises will be contracted to be done at one time for the first year (FY 2023). For subsequent years, a minimum of 100 premises will be contracted to be done at one time. If there are 300+ premises contracted at one time the price will be reduced to $315 per premise. *DWR has an optional proposal with NV5 for the creation of irrigated landscape polygons inside the DIM premises for CII properties. If DWR decides to go forward with the irrigated landscape polygons inside the DIM premises, we will offer a minimum of a 50% credit on the price of irrigated landscape polygons within the premises. (Credit will not apply to premise boundary work, as this is not within the scope of DWR.). The cost difference between premise boundary work and premise boundary work with irrigated landscape polygons within the DIM premises amounts to $100. If DWR provides this data, the credit, would reduce the price by $50 to $285 per premise or less. PSA23-2148UTIL Exhibit "A" (cont'd) DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY MURRIETTA CA 92564 PO BOX 947 c/o EXIGIS CITY OF CARLSBAD/CMWD Organizational Unit : City of Carlsbad/CMWD -> Public Works Agreement Name : Aerial Geographic Landscape Mapping Agreement Number : PSA22-1854UTIL CERTIFICATE HOLDER ARE ALSO ADDITIONAL INSURED BP79960916 ATTACHED. 30 DAYS NOTICE CANCELLATION 1,000,000 1,000,000 1,000,000 8 05/30/202305/30/2022XWS57203786YYA TRIA 1,000,000 1,000,000 05/01/202305/01/2022USA57203786Y 10,0008 88 B 1,000,000 05/01/202305/01/2022BAS57203786Y 88 A 2,000,000 2,000,000 1,000,000 15,000 1,000,000 1,000,000 05/01/202305/01/2022BZS57203786Y 8 8 8 A 24066AMERICAN FIRE & CAS CO 24082OHIO SECURITY INS CO 92612CAIrvine 3333 Michelson Dr Ste 300 Eagle Aerial Photography Inc DBA EAGLE AERIAL SOLUTIONS sarah@simmons-ins.com (503) 768-9706 Sarah Kowchee 97045OROregon City 502 7th Street Suite 205 Simmons & Associates Inc. Simmons and Associates Inc 8/30/2022 DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT 2016 Liberty Mutual InsuranceBP79960916 Page 1 of 4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement.No coverages are given by this summary.Actual coverage descriptions are within this endorsement. SECTION SUBJECT A.Supplementary Payments Bail Bonds Loss Of Earnings B.Broadened Coverage For Damage To Premises Rented To You C.Incidental Medical Malpractice Injury D.Mobile Equipment E.Blanket Additional Insured (Owners,Contractors Or Lessors) F.Newly Formed Or Acquired Organizations G.Aggregate Limits H.Duties In The Event Of Occurrence,Offense,Claim Or Suit I.Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A.Supplementary Payments Section A.1.Business Liability is modified as follows: 1.The $250 limit shown in Paragraph A.1.f.(1)(b)Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2.The $250 limit shown in Paragraph A.1.f.(1)(d)Coverage Extension -Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B.Broadened Coverage For Damage To Premises Rented To You 1.The last paragraph of Section B.1.Exclusions -Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner,Exclusions c.,d.,e.,g.,h.,k.,l.,m.,n.and o.do not apply to "property damage". DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 2016 Liberty Mutual InsuranceBP79960916 Page 2 of 4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 2.Paragraph D.2.Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3.Paragraph D.3.Liability And Medical Expenses Limits Of Insurance does not apply. C.Incidental Medical Malpractice Injury 1.Paragraph (4)under Paragraph B.1.j.Exclusions -Applicable To Business Liability Coverage -Profes- sional Services does not apply to "Incidental Medical Malpractice Injury"coverage. 2.With respect to this endorsement,the following is added to Section F.Liability And Medical Expenses Definitions: a."Incidental Medical Malpractice Injury"means bodily injury arising out of the rendering of or failure to render,during the policy period,the following services: (1)Medical,surgical,dental,x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith;or (2)The furnishing or dispensing of drugs or medical,dental or surgical supplies or appliances. b.This coverage does not apply to: (1)Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence,Offense,Claim or Suit Condition is amended accordingly. (2)Any insured engaged in the business or occupation of providing any of the services described under a.above. (3)Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a.above. D.Mobile Equipment Section C.Who Is An Insured is amended to include any person driving "mobile equipment"with your permission. E.Blanket Additional Insured (Owners,Contractors Or Lessors) 1.Section C.Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement.The written contract or agreement must be: a.Currently in effect or becoming effective during the term of this policy;and b.Executed prior to the "bodily injury","property damage",or "personal and advertising injury". 2.The insurance afforded to the additional insured is limited as follows: a.The person or organization is only an additional insured with respect to liability arising out of: (1)Real property,as described in a written contract or written agreement,you own,rent,lease, maintain or occupy;and (2)Caused in whole or in part by your ongoing operations performed for that insured. b.The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy,as stated in the Declara- tions,whichever are less.These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c.The insurance afforded to the additional insured does not apply to: (1)Liability arising out of the sole negligence of the additional insured; (2)"Bodily injury","property damage","personal and advertising injury",or defense coverage under the Supplementary Payments section of the policy arising out of an architect's,en- gineer's or surveyor's rendering of or failure to render any professional services including: DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 2016 Liberty Mutual InsuranceBP79960916 Page 3 of 4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. (a)The preparing or approving of maps,shop drawings,opinions,reports,surveys,field orders,change orders,or drawings and specifications;and (b)Supervisory,inspection,architectural or engineering activities. (3)Any "occurrence"that takes place after you cease to be a tenant in the premises described in the Declarations;or (4)Structural alterations,new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3.Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary,excess,contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F.Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent.Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity.However: 1.Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period,whichever is earlier; 2.Section A.1.Business Liability does not apply to: a."Bodily injury"or "property damage"that occurred before the entity was acquired or incorporated or organized by you;and b."Personal and advertising injury"arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3.Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G.Aggregate Limits The following is added to Paragraph D.4.Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1.The Aggregate Limits apply separately to each of the "locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. 2.The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only,"location"means premises involving the same or connect- ing lots,or premises whose connection is interrupted only by a street,roadway,waterway or right- of-way of a railroad. H.Duties In The Event Of Occurrence,Offense,Claim Or Suit 1.Paragraph E.2.a.Duties In The Event Of Occurrence,Offense,Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence"is known to any insured listed in Paragraph C.1.Who Is An Insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim. 2.Paragraph E.2.b.Duties In The Event Of Occurrence,Offense,Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit"is known to any insured listed under Paragraph C.1.Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence"or claim. DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 2016 Liberty Mutual InsuranceBP79960916 Page 4 of 4IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. I.Section F.Liability And Medical Expenses Definitions is modified as follows: 1.Paragraph F.3.is replaced by the following: 3."Bodily Injury"means bodily injury,sickness,disease,or incidental medical malpractice injury sustained by a person,and includes mental anguish resulting from any of these;and including death resulting from any of these at any time. 2.Paragraph F.9.is replaced by the following: 9."Insured contract"means: a.A contract for a lease of premises.However,that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement,except in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury"or "property damage" to a third person or organization,provided the "bodily injury"or "property damage"is caused,in whole or in part,by you or by those acting on your behalf.However,such part of a contract or agreement shall only be considered an "insured contract"to the extent your assumption of the tort liability is permitted by law.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies a railroad for "bodily injury"or "property damage"arising out of con- struction or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel,underpass or crossing; (2)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving,or failing to prepare or approve,maps,shop drawings,opin- ions,reports,surveys,field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or (3)Under which the insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (2)above and supervisory,inspection,architectural or engineering activities. 3.Paragraph F.14.b.Personal And Advertising Injury is replaced by the following: b.Malicious prosecution or abuse of process; DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6 DocuSign Envelope ID: 9CF2E378-E4AA-4DB3-B021-9A8A53D766D6