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HomeMy WebLinkAboutHilts Consulting Group Inc; 2017-05-23; UTIL1556UTIL1556 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR THE DESIGN PHASE OF MAERKLE RESERVOIR FLOATING COVER REPLACEMENT SERVICES HILTS CONSULTING GROUP This Amendment No. 1 is entered into and effective as of the _______ day of __________________, 2019, extending the agreement dated May, 23, 2017 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Hilts Consulting Group, Inc., a California corporation (“Contractor") (collectively, the “Parties”). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on May 22, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 44E2567F-F49E-458E-96F8-39384D9416D7 March 26th UTIL1556 General Counsel Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. 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 HILTS CONSULTING GROUP, INC., a California corporation By: By: (sign here) for Scott Chadwick, Executive Manager Douglas Hilts, Secretary (print name/title) ATTEST: By: (sign here) for Barbara Engelson, Secretary Michele K. Hilts, Vice President (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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: 44E2567F-F49E-458E-96F8-39384D9416D7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. fi:J8NJ0 Exll: (714) 731-7700 I FAX /AIC,Nol: (714) 731-7750 14252 Culver Drive, A299 E-MAIL tina@cornerstonespecialty.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Irvine CA 92604 INSURER A : Natl Fire Ins. Co. of Hartford 20478 INSURED INSURER B: RU Insurance Company HILTS CONSUL TING GROUP, INC. INSURERC : Liberty Insurance Underwriters 5590 Via de Campo INSURERD : INSURER E: Yorba Linda CA 92887 INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE MUU~ :sue" POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER {MM/DD/YYYYl {MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 --~ CLAIMS-MADE ~ OCCUR U/'\1Vlf'\\.:JC:: ', YE r\C.1'11 I cu PREMISES Ea occurrence) $ 300,000 X ADDT'L INSURED/PRIMARY MED EXP (Any one person) $ 10,000 A X BLNKT WVR OF SUBRO y 2090670052 06/16/2018 06/16/2019 PERSONAL & ADV INJURY $ 2,000,000 --GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Fl POLICY ~ jrc?-r □ LOG PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY -fE~~~~~~llNGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED A AUTOS ONLY AUTOS y 2090670052 06/16/2018 06/16/2019 BODILY INJURY (Per accident) $ --HIRED ..:--NON-OWNED iP~?~fc~d~~t?AMAGE X X $ -AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION XI ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE □ PSW0003169 06/16/2018 06/16/2019 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ Each Claim $2,000,000 C Professional Liability AEXNYABHT3M002 06/20/2018 06/20/2019 Annual Aggregate $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad, Carlsbad Municipal Water District are Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 1 O days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad Municipal Water District ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ~llr,~_.A I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD C'NA INSURED: Hilts Consulting Group, Inc. POLICY NUMBER: 2090670052 POLICY PERIOD: 6/16/2018 -6/16/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION/ AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS 1. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products-completed operations hazard", but only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: SB300176D17 (6-16) Page 1 of 3 Copyright, CNA All Rights Reserved. C'NA a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. D. Additional Insured -Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. E. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make S8300176D17 (6-16) Page 2 of 3 Copyright, CNA All Rights Reserved. C'NA for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." 2. Amendment-Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. B. All: 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and 3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. SB300176D17 (6-16) Page 3 of 3 Copyright, CNA All Rights Reserved. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before a loss Schedule Job Description Job performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6-16-2018 Insured Hilts Consulting Group, Inc. Policy No. PSW0003169 Insurance Company RLI Insurance Company Endorsement No. 1/-1/ a chment A UTIL 1556 AGREEMENT FOR THE DESIGN PHASE OF MEARKLE RESERVOIR FLOATING COVER REPLACEMENT SERVICES, PROJECT NO. 5036 HILTS CONSULTING GROUP, INC. AGREEMENT is made and entered into as of the (1.3~ day of ----=---L-...P.,.~Ii\o::---' 2017, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, ganized under the Municipal Water Act of 1911, and a Subsidiary District of bad, ("CMWD"), and Hilts Consulting Group, Inc., a California corporation RECITALS A. CMWD requires the professional services of a consultant that is experienced in design of potable water infrastructure. B. Contractor has the necessary experience in providing professional services and advice related to specialized floating cover design skillset needed to complete project. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred ninety four thousand four hundred forty dollars ($694,440). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version 2/29/16 1 UTIL 1556 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version 2/29/16 2 UTIL 1556 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 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. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. General Counsel Approved Version 2/29/16 3 UTIL 1556 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. 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. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. General Counsel Approved Version 2/29/16 4 UTIL 1556 ForCMWD For Contractor Name Mark Bisku~ Name Douglas A. Hilts Title Associate Engineer Title President Carlsbad MuniciQal Water District Address 5590 Via de Campo Address 5950 El Camino Real Yorba Linda, CA 92887 Carlsbad, CA 92008 Phone 909-590-5200 Phone 760-603-7352 E-mail doug. hcg@hiltsconsulting .com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the 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. General Counsel Approved Version 2/29/16 5 UTIL 1556 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 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. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. General Counsel Approved Version 2/29/16 6 UTIL 1556 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version 2/29/16 7 UTIL 1556 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR HILTS CONSULTING GROUP, INC. a California corporation By k&&-7 (sign here) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a :~bsidi~ City of Carlsbad M~AU President 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 8 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 By:---'~-=---=-==-=~=---==-=.....____ __ Deputy General Counsel General Counsel Approved Version 2/29/16 8 California Notary Declaration STATE OF CALIFORNIA )ss: COUNTYOF ____ () __ ~_,_~~~rL ____________ _ On this the L 1_ day of __ __:f_!\4--r_': \ ________________ , 20 I 7 , before me, -S\,f"{,·· k e $'ho. \., ',,({jiQrJ Pdl.·c.. (name and title of officer), personally appeared 0 c salg.s A-k ·, l t > who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is~ subscribed to the within instrument and acknowledged to me that he/~e~y executed the same in his~r/~ir authorized capacit~). and that by his~rltheir signature('s}. on the instrument the person~. or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Place Notary Seal Here) d····································~ : ..•. -SHRENIKA. SHAH 5 ~:::d ... COMM. #2061619-0RANGECOUNTY S2 ~ :;¢~' NOTARYPUBUC·CALIFORNIA :;! ! • • • • .~ ~~rr~s.s~~~ ~:P.i~~~ W~2~,~~1,s. • •• • II ~J /t ~ / ;1/<>~~ ~\),·(_ Notary Public .Sh re .. :rl;. ,4 S. ~G k Notary Public Name (Printed or Typed) 6) c\l Lo1o:' My Commission Expires: _________ _ California Notary Declaration STATE OF CALIFORNIA )ss: COUNTY OF c).rt(~L On this the L 'L day of_---'A----"._.--'-:~------------' 20 /7 , before me, .S l.rt., ·, k A-S.J.-'()1., , IVo tn f·., 11 ,-<.. (name and title of officer), personally appeared .!"' ; <.htk I< 1-1 i 1 +-J who proved to me on the basis of satisfactory evidence to be the person~) whose name'ts.) is/arc subscribed to the within instrument and acknowledged to me that he/she~ executed the same in ~herTthe.ir authorized capacity~, and that by li1Sher~ir signature(~ on the instrument the person('s.l, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Place Notary Seal Here) ·····················~ ~··.~~u••••••••sHRENIKA. SHAH 5! ~ ,<;_1~·, COMM. #2061619-0RANGECOUN'TY §_ ~(i£1' NOTARY PUBLIC. CALIFORNIA : 5 ~.;Mv commission Expi~~~ ~~~t~'~f.!.1~, ••• 1 ~ :;aattll'ktttll II I II I I I 581266 (Rev 00) cts __ 54~M.IW\J......._,_· ~--~----"''-'-, --'--~--'~'--, -=---r/'-----!1/i_o_t-G"') H, 11 ;-<.. Notary Public _51, ·-t~ ',k ,A St..o.h Notary Public Name (Printed or Typed) My Commission Expires: __ G_J_c_J_ .. _l._v_t _1 __ (01/08) California Notary Declaration Exhibit "A" Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 PROJECT UNDERSTANDING SECTION 4-PROJECT UNDERSTANDING Carlsbad Municipal Water District (CMWD) is a subsidiary to the City of Carlsbad. CMWD purchases potable water through the San Diego County Water Authority (SDCWA), which is imported from t!"le Metropolitan Water District of Southern California. CMWD water is blended with water from the Claude "Bud" Lewis Carlsbad Desalination Plant. SDCWA delivers water to CMWD via four metered connections. Maerkle Reservoir water is provided by a service connection for the Tri-Agency Pipeline. Maerkle Reservoir is the primary water storage reservoir the City of Carlsbad and provides a 10-day operational storage. Additional on-site storage is ava ilable from an adjacent 10 MG buried concrete tank. Maerkle Reservoir (formerly Squires Dam Reservoir) is an existing potable water reservoir which was originally constructed in the early 1960's as an earthen, open air reservoir. The reservoir is defined by an earthen dam on the south/southwest end. Maerkle Reservoir has a capacity of approximately 600 acre-feet {196 MG), 17 acre horizontal surface area, interior earthen side slopes ranging from 2.5:1 to 4.5:1, mildly sloping floor, and maximum water depth of 60 feet. The top of slope is defined with a cast-in-place concrete curb and asphalt paved perimeter road. Site drainage is provided by catch basins and storm drain pipes located on the reservoir east and west sides. The reservoir has a single 42 inch buried inlet pipe which terminates in the northern portion of the reservoir floor with an upturned pipe in a concrete inlet structure covered with a stainless steel grillage cage. Three chlorine injector pads are located along the inlet pipe. The reservoir outlet is a single 30 inch buried pipeline located at the reservoir south end. Three concrete outlet structures covered with stainless steel grillage cages are located along the sloping portion of the buried outlet pipe. A concrete overflow structure is located in the reservoir southwest corner near the top of slope and discharges to a concrete channel. The overflow structure has a 12 foot wide by 6 foot 2-inch deep opening covered with a stainless steel grillage cage. Eight 2-inch buried PVC washdown pipes are located in the reservoir interior at the bottom of slope and terminate in concrete washdown vaults covered with grating. In 1996 the upstream dam face was regraded, a porous asphalt liner was installed on the reservoir slopes and floor, and the existing polypropylene geomembrane floating cover was installed. The existing floating cover is anchored to a perimeter concrete curb/ringwall at the top of slope. The existing rainwater removal system was upgraded in 2007 and consists of eight 1 hp sump pumps located in the floating cover tension troughs Pump discharge hoses are connected in series on the floating cover and ultimately discharged at two locations at the top of slope. The floating cover is 20 years old, at or near the end of its material life, and CMWD is seeking to replace the floating cover. The principle project objective is to replace the existing floating cover. The replacement project will incorporate industry improvements which have occurred in the past 20 years since the original floating cover was installed. All improvements shall be performed in compliance with and approved by the California Division of Drinking Water (DDW). The objective of the geomembrane floating cover project is to provide a cost effective solution to protect and preserve the potable water quality and meet regulatory requirements. This proposal section demonstrates the HCG team's project understanding, means to apply our vast knowledge and experience with similar floating cover projects, specific methods to be utilized, and project specific approaches to providing CMWD with a quality design that will be completed on-budget and on-schedule. Our team will provide a design that offers innovative and cost-effective solutions. The HCG team's project understanding and technical approach is based on the following information: • CMWD's Request for Proposal on January 17, 2017 • Multiple site visits and meeting with CMWD by both HCG and Kleinfelder • Thorough review of the following record drawing information : Construction Plans for the Maerkle Reservoir Cover and Liner Improvements (CMWD record drawing 938-9, Project No. 90-109) dated July, 1996 Hilts Consulting Group 4-1 Carlsbad Municipal Water District SECTION 4-PROJECT UNDERSTANDING Maerkle Reservoir Floating Cover Replacement, Project No. 5036 Construction Plans for Maerkle Reservoir Cover Rainwater System Upgrade (CMWD record drawing 451-4) dated June 2007 Construction Plans for the Pressure Control Hydroelectric Facility at the Maerkle Reservoir (CMWD record drawing 477-2) dated May 2013 Construction Plans for Maerkle Pump Station and Disinfection Facilities (CMWD record drawing 938-7) dated February 1992 TECHNICAL APPROACH HCG's approach is based on a collaborative effort that includes geomembrane floating cover expertise, in depth technical expertise, and a history of providing both design and construction management services for similar potable water reservoir facilities. The design collaboration seeks to utilize interactive input from CMWD during all aspects of design development through a series of meetings at key milestones. The project design will incorporate CMWD's working knowledge and previous experiences with geomembrane floating covers. HCG team will evaluate and build upon those elements which were successful in the past and propose alternates and solutions to those elements which presented operational challenges. While there are similarities among all geomembrane floating covers there are also distinct differences in each project including physical geometry, hydraulic facilities, and operational conditions which have a direct impact of the various design elements and operations. HCG's design philosophy is to provide our clients with fully detailed construction drawings and comprehensive specifications. Thorough design documents result in less contractor guesswork during construction, which translate into fewer change orders, projects completed on time, and within allocated budgets. The overall project effort will consist of project management; field visit, data gathering, and records research; surveying and mapping; geotechnical investigation; preliminary design report (which will consist of planning and reservoir cover options evaluation, drainage systems review, preparation of a preliminary design report, preparation of 30% design level drawings, and a preliminary cost estimate); preparation of construction drawings (90%, 100%, and final), technical specifications; construction cost estimates; identification of permits; bid phase support; and construction engineering support services. Geomembrane floating covers have a typical life span of 20 years or more. When installing a floating cover, HCG recommends those components and the remaining life for those items inside the reservoir should be evaluated. Those items which can be replaced via divers or easily accessed and addressed during an outage may be deferred, otherwise the reservoir Owner should critically evaluate those reservoir interior items with the simple question, "Can or will this item last for another 20 years?" In an effort to thoroughly understand the Maerkle Reservoir Floating Cover Replacement, the HCG Team has prepared the following analysis of major technical issues which are summarized below: Reservoir Floating Cover: The existing floating cover has adequately served CMWD for the past 20 years. During this time enhancements and improvements have developed in the floating cover design. A major development was the issuance of the AWWA California-Nevada "Reservoir Floating Cover Guidelines" (Guidelines). The Guidelines have been endorsed by the California Division Drinking Water for floating cover design, maintenance, and operations and referenced in the State's Drinking Water Standards. The Guidelines shall be reviewed and applicable provisions incorporated into the Maerkle Reservoir floating cover design. Major developments and design criteria in the Guidelines includes minimum floating cover tension to ensure adequate personnel access and promote better rainwater drainage, maximum floating cover tension to assure material is not over-stressed or suspect to long-term creep, requirement for scrim reinforced material to resist long term creep from prolonged tension, established minimum rainwater collection trough buoyancy, defined minimum access hatch performance standards, access hatch venting requirements, minimum hatch freeboard height above water level, minimum vent buoyancy, and minimum design rainwater storm events with defined rainwater removal durations. Hilts Consulting Group 4-2 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SECTION 4-PROJECT UNDERSTANDING A major consideration with geomembrane floating cover design is material selection. There are several geomembrane material options commercially available. Each material has varying degrees of advantages and disadvantages. HCG proposes the geomembrane material selection should be a joint collaborative decision between CMWD as the Owner and HCG as the design engineer. Factors to consider include initial material cost, installation considerations, material warranty duration and terms, past history (successes and failures), maintenance factors, and ability to perform future repairs to aged material. The floating cover is envisioned to be a weight-tensioned geomembrane floating cover constructed with a 45-mil thick, scrim-reinforced geomembrane; submersible pumps as the rainwater removal system located in the bottom of slope tension troughs; adequate number and strategically located access hatches with venting capabilities; and vacuum/air vents at inlet structure, outlets structures, and overflow structure. The floating cover will be attached to the existing perimeter anchor curb/ringwalllocated at the top of slope. The existing reservoir geometry is a regular shape with uniform geometry. The reservoir corners are all interior angles less than 180 degrees, no reentrant corners. Rainwater collection troughs will be located on the reservoir floor inboard and parallel to the bottom of slope. Radial troughs at each corner will have a specific layout based on the geometry of each corner. The various reservoir interior slopes will generate slack at different rates and thus the floating cover require different float spacing for both the bottom of slope rainwater collection troughs and the corner radial troughs. Site specific rainfall criteria will be established and used to provide pump sizing and number of pumps to be located throughout the floating cover. The number, size, and location of rainwater removal pumps will be evaluated to provide a reliable and redundant rainwater removal system, thereby simplifying the operations and maintenance. Submersible pumps are anticipated in the bottom of slope troughs and will serve as the primary rainwater removal system. Suction hose(s) in radial trough(s) that may be connected to portable pump(s) will serve as a secondary rainwater removal system . The existing pump discharge system should be evaluated for adequate capacity for the design level storm flows and rainwater removal rates to satisfy the AWWA Guidelines. The floating cover design will be based on the current state of the art design for reservoir floating covers and will be in accordance with the following latest standards: • AWWA "Flexible-Membrane Covers and Linings for Potable-Water Reservoirs," AWWA Manual M25 • AWWA "Standard for Flexible-Membrane-Lining and Floating-Cover Material for Potable-Water Storage," D130 • AWWA California-Nevada Section "Reservoir Floating Cover Guidelines" The Preliminary Design Report will include detailed information on all the floating cover design issues and material selection which CMWD and HCG will jointly review and reach consensus on these key milestone decisions to more efficiently enter into final design. Reservoir Chafer: A geomembrane chafer is recommended between new floating covers and existing substrates such as asphalt, concrete, or gunite. The chafer serves as a sacrificial material to minimize puncture potential and abrasion to the floating cover. Best practice is to extend the chafer from the top of slope to the low operating level as a minimum or better to the bottom of slope. When those portions of the floating cover are not floating the chafer allows the floating cover to rest on a similar geomembrane material. This philosophy may be extended onto the reservoir floor based on the condition and roughness of the existing subgrade. This issue will be further reviewed and presented in the Preliminary Design Report. Rainwater Pumps Discharge Configuration: The existing rainwater sump pump discharges water collected on top of the floating cover via eight existing submersible sump pumps. The discharge from three of these pumps is tied into a common piping header that discharges the water onto a splash pad near the reservoir overflow channel on the west side of the reservoir. The other five pumps are tied into a common header that discharges the water onto a splash pad at the northeasterly side of the reservoir. The current configuration discharge header Hilts Consulting Group 4-3 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SECTION 4-PROJECT UNDERSTANDING configuration may be simplified and be more reliable by having each pump tied into its own discharge piping from the pump to a discharge point at the top of slope without sharing a header. This would eliminate unnecessary hose lengths on the floating cover, allow for smaller hose sizes on the floating cover, and allow each pump to operate independent of each other. This is one of the team's innovative approaches for this project and will be evaluated as part of the Preliminary Design Report. Site Drainage and Pump Discharge Drainage: The HCG Team will evaluate the existing surface drainage patterns and drainage facilities immediately adjacent to the reservoir to determine if the drainage away from the reservoir perimeter curb/ringwall is adequate and that the flow path into the existing subsurface facilities are unobstructed. This will assist in evaluating whether other potential improvements to the rainwater pump system might be easily implemented using existing surface drainage patterns. Reservoir Mixing: There several types of mixers that can be evaluated to promote a more uniform mixing of the treated water within the reservoir to preserve the "freshness" and disinfectant levels and reduce dead zones within the storage volume. The HCG Team will review these alternatives and provide a list of advantages and disadvantages for each type of mixer. The three types of mixers to be considered are: 1) in-reservoir impeller, such as a PAX PWM 500 (submerged motor); 2) in-reservoir ejector, like a Process Solutions, Inc. Tank Shark (motor and pump outside the reservoir); and 3) large paddle mixers (low energy in-reservoir motors). Chlorination Injection Location: Related to reviewing the positive effects of providing mixing within the reservoir, the HCG Team will evaluate the location of the chlorine injection point to assure that it is at an optimal location for the type of mixer configuration that may be selected. According to the record drawings, the current chlorination configuration discharges the chlorine solution at three different locations along the reservoir bottom with one of these locations immediately adjacent to the inlet piping discharge into the reservoir. The HCG Team will evaluate relocating the chlorine injection points closer to the locations of any mixers that may be added inside of the reservoir. As part of the evaluation HCG Team recommends as an optional service to provide CFD modeling to illustrate the effectiveness of the mixer type and chlorine distribution throughout the reservoir. Potential Asphalt Liner Issues: The existing asphalt liner is thought to be in good condition according to observations by operations and maintenance staff. The HCG Team recommends that during the early phase of the project the reservoir level be lowered to expose the existing asphalt li ner so a visual inspection and evaluation may be provided. HCG subconsultant, Kleinfelder has several pavement experts on staff that can be utilized to provide this visual inspection. This observation will serve to provide the basis for liner repair recommendation associated with installation of new equipment (requiring anchoring and foundations) within the reservoir. Upon inspection recommendations could be provided to enhance or supplement the performance of the reservoir liner for the next twenty years. As a minimum, this inspection and evaluation could assist with developing mitigation strategies for the existing asphalt liner if damaged during the construction phase. The project team will provide assistance as needed to help CMWD obtain a waiver from the California Division Drinking Water for the asphalt liner. In-Reservoir Valve/Actuator Replacement: The existing inlet, valve, and three outlet valves are approaching the end of their useful life and should be considered for replacement as part of this project. The existing 30-inch diameter butterfly valves are operated by hydraulic actuators which use pressurized product water to operate the valves. Part of the equipment used for this system encompasses a compressor and pressure tank that should be considered for replacement as well. Another option that could be considered apart from the existing actuator is a Rotork Subsea actuator. This actuator performs well under submerged conditions. A typical floating cover life may range into 20+years. Those components inside the reservoir and to be covered with the new floating cover may not be easily accessible for 20+ years and therefore the existing life of items within the reservoir, and especially key operational items, should be evaluated in a 20+ year horizon. Hilts Consulting Group 4-4 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SCOPE OF WORK SECTION 4-PROJECT UNDERSTANDING HCG proposes to provide and perform the following professional engineering services : Task 1 -Project Management HCG's project manager will be CMWD's sole point of contact. This will enable CMWD to streamline inquiries through a single point of contact and accountability. HCG will be responsible for the coordination of all work activities with subconsultants and to ensure all project aspects are addressed. HCG will provide project management and coordinate all issues with design team members and CMWD to ensure all matters are adequately addressed. One of the first tasks is the design kick-off meeting with CMWD. HCG will develop meeting agenda and issue meeting minutes to document discussion topics and establish task list items with milestone delivery dates. The HCG team attendees will include all key design team members and would request CMWD be represented by all key members and project stakeholders. The purpose of the kickoff meeting will serve as an introduction of all interested parties, establish protocols and lines of communication, establish project objectives, and allow CMWD to convey project requirements. The kickoff meeting is often most productive when conducted in a free flow forum with interactive discussions and ideas. Immediately after the kickoff meeting, HCG proposes a site visit with design team members for an initial review of site conditions and further collaboration with CMWD on project objectives. Throughout the design phase, HCG will conduct monthly progress coordination meetings with CMWD. Purpose of monthly coordination meetings is to review design progress with CMWD and coordinate any efforts or project needs between the HCG Team and CMWD. HCG will develop meeting agenda and issue meeting minutes to document discussion topics and establish task list items with milestone delivery dates. Monthly invoices shall include brief summary of work progress completed during the billing period, identify key milestones accomplished and upcoming milestones, and identify project concerns requiring attention to keep project on schedule. Each design discipline will be responsible for their respective quality assurance I quality control (QA/QC). HCG will be responsible for overall project coordination and review deliverable documents for completeness. Additionally, HCG proposes to engage Kleinfelder and the 35 years experience of Daniel Smith, Senior Principal Engineering I VP, to perform independent QA/QC reviews. Mr. Smith is already familiar with the project and will be involved with the project to understand CMWD's needs and project objectives. This will enable Mr. Smith to maintain a familiarity with the project and provided a meaningful and valuable reviews. Task 2-Field Reconnaissance, Data Collection, and Utility Search HCG team will review existing drawings, specifications, operations manuals, and other applicable information provided by the CMWD to gain a complete and detailed understanding of the reservoir operations and overall project scope. To further understand the existing conditions, applicable design parties will conduct field site visits to verify existing conditions and document changed conditions. An initial field visit is proposed on the same day and after the project kickoff meeting. HCG would perform a walk-on inspection of the existing floating cover to evaluate the existing conditions and performance of existing floating cover elements. This will be used to critique those items and/or areas that are performing well and help to identify items/areas that should be refined in the new floating cover design. The HCG Team has contacted Dig Alert Design Lookup services to obtain a list of the utilities of the utility companies registered with them that have facilities on the Maerkle site. The HCG Team will contact each utility to obtain their record drawings and compare them with CMWD's record drawings. The information will be plotted on the existing base plan and then will be verified in the field where locations may be critical to the design or the construction. Mark-outs will be field located by survey where possible in the vicinity of the reservoir. Hilts Consulting Group 4-5 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 Task 3-Surveying and Mapping SECTION 4-PROJECT UNDERSTANDING HCG Team understands that accurate survey base maps are the foundation of this project. Topographic survey will provide the geometry of the existing ring wall for design of the new cover, elevations on overflow structures, locations of existing drains and the overall site elevations for drainage calculations. In addition to precise topography we will set durable monuments will be set for construction staking control. These monuments will be tied to the City of Carlsbad's survey control Record of Survey and have NAD 83, NGVD 29 values. • Research survey control points and benchmarks within and adjacent to the project site at the County of San Diego and City of Carlsbad. • Establish NAD 83 horizontal and NGVD 29 vertical project control based on the City of Carlsbad survey control Record of Survey 17271 on an adequate number of new or existing control points that are durable and suitable for construction staking control. • Set aerial control targets {6) and tie to project control utilizing RTK, GPS, double occupation. • Locate existing surface utilities within the project site, culverts drain pipes water valve can locations and the elevation of the top of the operating nut. Collect check points around the site to verify the accuracy of the aerial mapping and collect supplemental topography in obscured areas. • Update aerial mapping to include surface utilities locations, water valve information and supplemental mapping. Verify aerial mapping accuracy. • Provide aerial mapping 1"=40' with 1' contours covering the project site. Task 4-Geotechnical Investigations (not used) Task 5-legal Descriptions and Plats (not used) Task 6-30% Design Submittal (Preliminary Design Report -PDR) The 30% Design Submittal Preliminary Design Report is a vital element for a successful project. The purpose of the PDR is to define the project in detail. Issues can be identified, evaluated, and resolution obtained before progressing too far into the design phase. The PDR will include, but not limited to, those topics identified in the above Technical Approach subsection. During the PDR development CMWD will have the opportunity to provide comments and redirection, as necessary, before design is substantially further developed. Preliminary design shall contain basic information for all the project elements and shall be a means to identify the global project scope. The PDR will contain written description of project scope, identify major project elements, provide discussion and rational for key decisions, prepare an estimated 8 preliminary design drawings, develop final design drawing list, provide specifications table of contents, rough order of magnitude construction cost estimate, and construction contract duration. The PDR will include a feasibility review of potential joint use of photovoltaic system on the floating cover. A key decision from the PDR is the geomembrane material selection and will seek CMWD input on this decision. The PDR will provide CMWD an early forecast of the project elements and associated budgetary costs. HCG proposes a meeting with CMWD and key design team members at the submission of draft PDR. Purpose of this meeting is to present the draft PDR to CMWD, provide an overview of the draft PDR on a section level summary, review assumptions, and seek any initial CMWD thoughts. After CMWD's detailed review of the draft PDR, HCG proposes a review meeting with key design team members and with CMWD staff to review draft PDR detailed comments and discuss open issues or questions. HCG believes in an interactive approach with CMWD to better understand draft review comments and fully understand CMWD's needs so the design team can deliver the best work product possible. Responses to all CMWD comments shall be documented and itemized in a tabular format where the design discipline can prepare a side-by-side response to each comment. The HCG Team Hilts Consulting Group 4-6 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 responses shall be submitted to CMWD within 2 weeks after receipt. SECTION 4-PROJECT UNDERSTANDING PDR deliverables will include (5) original PDR copies, (5) half-size drawings, (5) D-sheet size drawings, and electronic pdf copy on USB memory stick. Inlet Pipe Upsizing Consideration: The existing reservoir outlet pipe is reduced in an existing vault located outboard of the reservoir dam downstream face. Prior studies indicate this may pose a limitation on reservoi r hydraulic operations. This issue will be further investigated during the PDR task with recommendations to CMWD for future considerations. Outlet piping modifications are not included in the construction drawings, specifications and construction phases of this proposal. Task 7 -Construction Drawings Upon completion of the PDR, the HCG Team shall proceed with final design in the preparation of detailed engineering design and construction drawings. Detailed design construction drawings will be developed for public bidding purposes. All project elements will be fully detailed on the construction drawings providing the eventual contractor complete direction and well-defined scope of work. Floating cover elements will include, but not limited to: reservoir trough layout, floating cover tensioning, tension trough float spacing, tension trough buoyancy, access/inflation hatch, air and vacuum vents, rainwater removal system, perimeter anchorage, and special details at unique underwater structures. Construction drawings will be prepared in AutoCAD in accordance with CMWD standards. Proposal assumes CMWD will provide electronic copy of drawing border in AutoCAD format. HCG anticipates up to (45) 0- size construction drawings for the project construction documents. The HCG Team will review the areas affected by the construction and propose the appropriate BMPs for erosion protection. Currently, there will not be any significant disturbance of soil for this project with the exception on the Contractor's laydown and equipment storage areas which are currently proposed to be located in areas that area already paved. The SWPPP and the BMPs will be geared toward eliminating any runoff directly from those storage areas without minimal treatment. The responsibility (and means and methods) for this will be the Contractor's following the guidelines in the plans and specifications. Task 8 -Specifications In conjunction with development of construction drawings, HCG Team will prepare technical specifications to supplement the design drawings. Technical specifications will be prepared in CSI 17 division, 3 part format for sections 1 through 17. Technical specifications will be prepared in Microsoft Word. Proposal assumes CMWD will provide CSI division 0, up front documents to HCG for review and coordination with technical specification sections and unique project specific requirements. HCG will review and red line CMWD's front ends contract documents to address specific project needs. HCG will prepare bid sheet for items specific to the project scope of work. Storm Water Pollution Prevention Plan: Based upon the results on the PDR, basic storm water pollution prevention provisions shall be included in the specifications. Proposal is based on the threshold that less than 1 acre of area will be disturbed during construction and a fully detailed SWPPP will not be required. Basic erosion control and good practices shall be included in the construction specifications. Progress Submittals Deliverables (Tasks 7 & 8) HCG proposes a meeting with CMWD personnel and key design team members at the submission of both the 90% and 100% progress submittal. Purpose of the meetings is to present the progress submittal package to CMWD, discuss how prior review comments were addressed, and seek any initial CMWD thoughts. After CMWD's detailed review of each progress submittal, HCG proposes a review meeting with key design team members and Hilts Consulting Group 4-7 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SECTION 4-PROJECT UNDERSTANDING with CMWD staff to review detailed comments and discuss open issues or questions. Responses to all CMWD comments shall be documented and itemized in a tabular format where the design discipline can prepare a side- by-side response to each comment. HCG Team responses shall be submitted to the City within 2 weeks after receipt. Progress submittal deliverables will include: technical memorandum highlighting submittal content and changes from the prior submittal, updated construction cost estimate, calculations prepared to date, (S) bond sets of half size drawings, (2) bond sets of D-sheet size drawings, (4) bond sets of technical specifications, and electronic pdf copy on USB memory stick. Final design submittal deliverable shall be used for public bidding. All review comments from the prior progress submittals will be incorporated into the final construction documents or shall be properly addressed and resolved. Final design submittal will include: technical memorandum highlighting submittal content and changes from the prior submittal, final engineer's opinion of construction cost estimate, final calculations, (1) bond set of D-sheet drawings, (1) reproducible bond set of technical specifications, and electronic copy of AutoCAD drawing files and Word specification files on USB memory stick. Each construction drawing, technical specifications cover page, and calculations cover page shall be stamped by a California licensed Professional Engineer. Task 9 -Project Cost Estimate Construction cost estimates are an important component in any project to keep the owner informed of estimated costs for construction and to eliminate surprises. The HCG Team will prepare engineer's probable opinion of construction cost estimate at the 30% PDR phase, 90% progress submittal, 100% progress submittal, and the final design submittal. Construction cost estimate will be submitted in conjunction with the drawings and specifications progress submittals and adjusted accordingly as the design progresses and the project construction scope of work is refined. Cost estimates will reflect the bid schedule to be included with the bid documents. In conjunction with the construction cost estimate, HCG will prepare an estimated Gant chart construction schedule for each of the above listed milestones. The level of detail, durations, and dependencies will be refined as the design progresses. Construction schedule will be used to define construction duration for the construction contract and establish any critical milestone dates, such as reservoir dewatering, CMWD outage windows, critical path items, long lead items, etc. Task 10-Permitting The PDR and project specifications will identify those permits to be obtained by the contractor. This may include, but not limited to special hauling, shoring, regulated waste, groundwater discharge, stormwater discharge, etc. In addition to construction permits, HCG Team will work with CMWD for special regulatory approvals required specific to potable water reservoirs, which typically includes California Division Safety of Dams (DSOD) and California Division Drinking Water (DDW). HCG recommends the final PDR be submitted to DSOD and DDW to serve as a project introduction and seek early input on any regulatory concerns and seek conceptual approval. Based on past successful projects, and to keep the project schedule on track, HCG recommends the 90% progress submittal be submitted to DDW and DSOD for approval. At this point the construction documents are well developed to the point approvals can be obtained or review comments are minimal and can be addressed between the 90% and 100% submittal. All DSOD and DDW comments will be incorporated in the construction documents and included in the progress submittal technical memorandums to CMWD. Task 11-Bidding Phase Services HCG will assist CMWD during the bid phase. HCG Team will address bidder questions submitted to CMWD during the bidding period. HCG Team will prepare addendums to design drawings and technical specifications, as needed. Proposal assumes up to 15 inquiries and 24 hours allotted for bid phase addendums. Task 12 -Construction Phase Services HCG Team will provide engineering support services during the construction phase. As stated in the CMWD's RFP, proposal assumes up to (20) Request for Information (RFI) and (40} technical construction Hilts Consulting Group 4-8 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SECTION 4 -PROJECT UNDERSTANDING submittals/shop drawings for conformance with design drawings and specifications. Deliverables include written responses to RFI's and annotated submittals with reviewer comments. Deliverables to be returned to CMWD construction manager for consolidation, coordination, and distribution. Expanded Construction Phase Services: Geomembrane floating covers is a specialty niche that is limited 'to a select group of qualified engineers, construction managers, inspectors, and contractors. HCG's experience has been those projects which are the most successful have included a certain amount of involvement from the design engineer of record during construction. The additional construction phase services include: • Attend prebid meeting and preconstruction meetings. • Prepare conformed construction documents during construction phase to incorporate all addendums. • Conduct geomembrane material manufacturing plant visit. The manufacturing plant visit would be a single 2-day visit to provide a spot observation of material manufactured specifically for the Maerkle Reservoir project. The plant visit would be conducted after the manufacturer's MQA submittal is approved. The intent of the plant visit is to observe the material manufacturing process, verify OA/QC measures are performed, monitor non-destructive and destructive QC tests performed by manufacturer as part of their in-house OA/QC plan, and observe on-site material validation testing. This random partial observation does not assume full-time manufacturing inspection and is intended to be representative of the overall material production. Del iverable includes letter report summary. • Conduct geomembrane material fabrication shop visit. Once the geomembrane material is manufactured, roll good are shipped to a fabrication shop where large custom-made panes are made specific to the project and reservoir geometry. The fabrication shop would be a single 2- day visit to provide a spot observation of panel fabrication and associated geomembrane accessories specifically for the Maerkle Reservoir project. The fabrication shop visit would be conducted after the fabricator's FQA submittal is approved. The intent of the fabrication visit is to obse rve the handling process, verify OA/QC measures are performed, monitor non-destructive and destructive QC tests performed by fabricator as part of their in-house QA/QC plan, and observe on-site seam validation testing. T his random partial observation does not assume full- time fabrication inspection and is intended to be representative of the overall fabricator's production. Deliverable includes letter report summary. • Provide site visits and observations (1) day per week during on -site construction to address floating cover construction issues. On-site observation visits are independent of inspection services and are not for inspection purposes, but rather to monitor construction progress, address field questions, and the overall implementation of the design intent. On-site visits are to supplement the construction management and inspection personnel given the specialty nature and limited experience personnel may have on floating cover projects. • Provide up to (3) site visits during the initial reservoir startup. Depth vs. Capacity Curve: Once the reservoir is fully dewatered for construction and the existing floating cover is removed additional surveying services will be performed to document existing topography conditions. Additional surveying tasks include: set up to (S) additional aerial control points tied to project control; perform aerial mapping on reservoir interior; collect elevations within reservoir for piping, drains, bottom of slope, and top of slope to supplement prior surveying data; and update base map from design surveying. The existing as-built reservoir interior topography will be used to develop a reservoir depth vs. capacity chart for CMWD's use in future operations. At the completion of construction, HCG Team will update design drawings to reflect as-built conditions and issue record drawings. Record drawings shall be based on redline markup drawings provided by construction contractor and inspector. HCG will not perform on-site inspections or surveys to validate as-built conditions. Hilts Consulting Group 4-9 Carlsbad Municipal Water District Maerkle Reservoir Floating Cover Replacement, Project No. 5036 SECTION 4-PROJECT UNDERSTANDING Deliverable shall be (1) Mylar set of D-sheet record drawings and electronic pdf copy of record drawings on USB memory stick. Assumptions & Exclusions: This proposal is based on the following assumptions: • Preparation and certification of project environmental documents will be performed by others. • Environmental engineering services and environmental monitoring, as required, will be performed by others. • Geotechnical engineering is not included. • Photovoltaic system on the floating is limited to feasibility as stated in the 30% preliminary design report. Proposal does not include complete photovoltaic system design. • CFD modeling is not included in scope of work. Location of mixers shall be based on logical, best practice engineering judgment. • Construction management services are not included and shall be performed by others. • Construction inspection services are not included. • Discharge of floating cover rainwater will be under CMWD's existing NPDES permit. • Permitting and plan check fees, if applicable, are not included. Hilts Consulting Group 4-10 ~ lting up, Inc. - Scope of Work Tasks Task 1 -Project Management ask 2 -Field Reconnaissance, Data Collection, and Utility Search ~ask 3 -Surveying and Mapping ask 4 -Geotechnical Investigation (Not Used) ask 5 -legal Descriptions and Plats (Not Used) ask 6 -30% Design Submittal Task 7 -Construction Drawings ask 8-Specifications ask 9 -Project Cost Estimates ask 10 -Permitting Task 11 - Bidding Phase Services Task 12-Construction Phase Services Subtotals (Hours by Classifications) Subtotals (Hours by Subconsultants) Subtotals (Fees by Classifications) Reimbursibles 10% Subconsultant Markup Subtotals (Fees by Consultant) PROPOSAL TOTAL 4/17/2017 Carlsbad Municipal Water District Maerkel Reservoir Floating Cover Replacement Project Professional Services Detail Hilts Consulting Group Kleinfelder ~ ~ l!! ~ l!! ;;; ~ ·a; ·a; c. ~ ~ ~ c c ! c '2 l!! .toe " E w w ~ -a ;;; ~ ;t ;;: ! 0 ~ " c. 5 ~ 5 ."l 5 ~ ~ -~ .toe -~ ~ ~ 'E '5 ~ ~ ~ ~ ·;:: ~ ~ 0 o,_ 0 ,_ $200 $180 $115 $195 $215 $155 $130 $125 $215 $78 354 52 0 33 20 7 8 0 2 14 0 40 0 6 0 8 22 6 0 0 0 4 0 2 0 2 0 0 0 0 18 196 40 14 26 40 52 60 10 10 40 200 675 43 12 40 137 208 4 4 8 170 0 8 4 12 44 24 . 0 0 0 40 0 6 0 2 14 0 0 0 40 0 0 2 0 4 0 0 0 0 12 0 0 3 0 0 5 0 0 0 20 738 28 22 0 8 30 24 0 0 492 1440 743 139 62 123 312 322 16 28 2675 1002 $98,400 $259,200 $85,445 $27,105 $13,330 $19,065 $40,560 $40,250 $3,440 $2,184 $12,520 $742 $21,716 $477,281 $146,676 $694,440 l_carlsbad Municipal Water District Righ of Way Engineering Services Moraes I Ph am c 5 m ·c; > ~ ~ 3 1: ~ b ~ .5l l!! ~ ~ -g ! > :E .:l 0 ~ I 0 -a ~ ~ ri ~ "' > ~ ~ -a ~ ·g c 0 Q; 1: ·a; 0 1> .<> v ~ ;t c l) ~ ~~ u:: "' ::J w "' $205 $95 $140 $175 $145 $98 0 0 0 30 0 0 520 $99,792 0 0 0 6 0 0 88 $14.270 44 25 2 0 0 0 79 $13.095 0 $0 0 $0 0 0 0 18 8 0 492 $79,500 0 0 0 64 48 49 1.524 $206,734 0 0 0 6 0 0 276 $46,250 0 0 0 10 16 0 88 $14.570 0 0 0 0 0 0 46 $9,010 0 0 0 4 0 0 24 $4,335 24 8 2 12 12 12 940 $163,466 68 33 4 150 84 61 4071 105 29S 4077 $13,940 $3,135 $560 $26,250 $12,180 $5.978 $8,140 $300 $21,702 $21,716 $25,775 $44,708