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Kennedy/Jenks Consultants Inc; 2017-01-25; UTIL1507
UTIL1507 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RECYCLED WATER PIPELINE EXPANSION SEGMENT 5; PROJECT 5208 KENNEDY JENKS CONSULTANTS This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated January 25, 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 Kennedy/Jenks Consultants, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for engineering design services. RECITALS A. On October 19, 2017, the Parties executed Amendment No. 1 to the Agreement to include Environmental Compliance for the D-Tank site, additional surveying and mapping of plaza Camino and Tamarack extension, and tracking of meter connections; and B. On July 10, 2019, the Parties executed Amendment No. 2 to the Agreement to include additional engineering design support services during construction; and C. The Parties desire to alter the Agreement’s scope of work to extend engineering design support services during construction; and D. The Parties desire to extend the Agreement for a period of two (2) years; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one million one hundred ninety-one six hundred twenty-four dollars ($1,191,624). 2. CMWD will pay Contractor for all work associated with those services described Exhibit “A” on a time and materials basis not-to-exceed seventy-two thousand five hundred two dollars ($72,502). 3. Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 4. Contractor will complete all work described in Exhibit “A” by January 24, 2022. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 January 24th UTIL1507 General Counsel Approved Version 1/30/13 2 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. The individuals executing this Amendment 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 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 KENNEDY/JENKS CONSULTANTS INC., a California corporation By: By: (sign here) for Scott Chadwick, Executive Manager Patrick T. Huston, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, 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, President, or Vice-President 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 DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 UTIL1507 General Counsel Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 9325 Sky Park Ct., Suite 300| San Diego, CA 92123 858-676-7508 | SarahWilliams@kennedyjenks.com December 3, 2019 David Hull, P.E. Associate Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, California 92008 Subject: Amendment 3: Additional Engineering Design Services Dear Mr. Hull: City of Carlsbad Municipal Water District (herein CMWD) is currently utilizing the engineering support services of Kennedy Jenks Consultants (herein “Consultant”) associated to the construction phase of Phase III Recycled Water Pipeline Segment 5 project. CMWD previously indicated that they would like to continue work on Utility Redesign RFI’s by reallocating budget for other tasks. This was achieved through the authorization of the request letter dated November 5, 2019 for Reallocation of Authorized Additional Services Budget. In that letter, some services were removed from the scope of work with the anticipation that those efforts would be recaptured. This Amendment 3 serves to recapture and refund those tasks for the contract (dated January 25, 2017) Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208. Subtask 4.2 Construction Phase In response to CMWD requests, Consultant will provide additional support services on a time and materials basis as follows: 4.2.1 PreConstruction Meetings PreConstruction Meetings are complete and no additional work will be performed for PreConstruction Meetings. 4.2.2 Project Coordination Meetings Consultant will attend twenty (20) conference calls with two staff members (40 hours). 4.2.3 Submittal Review - Recycled Water Consultant will review design-related submittals and shop drawings received from CMWD for conformance with contract documents. Consultant will provide written response noting exceptions and/or comments within ten (10) working days. Up to twenty (20) submittals or re-submittals are included. 4.2.4 Requests for Information (RFIs) Consultant will provide responses for design related RFIs received from CMWD, within five (5) working days of the RFI being assigned to Consultant via email notification. Other RFIs Ten (10) Other RFIs that were included in Original Scope of Work are hereby added back into the scope. Ten (10) Other RFIs that were included in Amendment 2 then subsequently removed from the scope, are hereby added back into the scope. Responses to RFIs will be submitted with a written response and/or redline markup and no CAD is included. Changes to the drawings will be incorporated during record drawing phase. DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 David Hull City of Carlsbad Public Works December 3, 2019 Page 2 9325 Sky Park Ct., Suite 300| San Diego, CA 92123 858-676-7508 | SarahWilliams@kennedyjenks.com Utility Redesign RFIs No additional Utility Redesign RFI’s are included 4.2.5 SWPPP Review SWPPP Review are hereby added back into the scope per the original SOW. 4.2.6 Record Drawings - Recycled Water Record drawings are hereby added back into the scope per the original SOW. 4.2.7 Preparation of Record Asset Management Data - Recycled Water Preparation of Record Asset Management Data table is hereby added back into the scope per the original SOW. 4.3.1 Submittal Review - Water Consultant will review design-related submittals and shop drawings received from CMWD for conformance with contract documents. Consultant will provide written response noting exceptions and/or comments within ten (10) working days. Up to three (3) submittals or re-submittals are included. 4.3.2 Requests for Information - Water Two (2) RFIs for Water that were included in the original Scope of Work are hereby added back into the scope. Responses to RFIs will be submitted with a written response and/or redline markup and no CAD is included. Changes to the drawings will be incorporated during record drawing phase. 4.3.3 Record Drawings – Water Record drawings are hereby added back into the scope per the original SOW. 4.3.4 Preparation of Record Asset Management Data - Water Preparation of Record Asset Management Data table is hereby added back into the scope per the original SOW. Proposed Amendment Fee Estimate Kennedy/Jenks proposes to provide the above described scope of services on a time and materials basis in accordance with schedule of charges per existing Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208 Contract (dated January 25, 2017). The overall authorized budget will be increased by $72,502, from $1,119,122 to $1,191,624. We will not exceed this budget without prior authorization by Carlsbad Municipal Water District. Should you have any questions regarding this proposal or would like to request additional information, please do not hesitate to contact me. Very truly yours, KENNEDY/JENKS CONSULTANTS Sarah Williams, P.E., Principal Engineer DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 Proposal Fee EstimateKennedy/Jenks Consultants CLIENT Name: PROJECT Description: Phase III Recycled Water Project - Pipleine Expansion Segment 5Proposal/Job Number:5208 - Amendment 2Date: Carlsbad Municpal Water District12/4/2019January 1, 2016 RatesKJ KJ KJbs +Classification:AideTotalLaborEscalationODCsTotalSubsTotalExpensesTotal Labor + SubExpensesProject AdministratorEng-Sci-9Eng-Sci-8Eng-Sci-7Eng-Sci-6Eng-Sci-2TotalLaborAdmin. Assist.Eng-Sci-5Eng-Sci-4DesignerCADEng-Sci-3Eng-Sci-1Hourly Rate: $280 $260 $245 $220 $195 $180 $165 $150 $130 $155 $120 $115 $95$75 Hours Fees0% 3%FeesSub-Task 4.2 - Construction Phase - Additional Scope4.2.1 Preconstruction meetings0 $0$0$0$0 $0 $0 $04.2.2 Project Coordination meetings20 2040 $8,500 $0 $255 $8,500 $0 $255 $8,7554.2.3 Const Phase Submittal Review (RW)20 6080 $15,700 $0 $471 $15,700 $0 $471 $16,1714.2.4 Requests for Information (RW)40 4080 $17,000 $0 $510 $17,000 $0 $510 $17,5104.2.5 SWPPP Review 1212 $2,160 $0 $65 $2,160 $0 $65 $2,2254.2.6 Record Drawings (RW)412 8096 $12,740 $0 $382 $12,740 $0 $382 $13,1224.2.7 Record Asset Mgmt Data (RW)12 1628 $5,820 $0 $175 $5,820 $0 $175 $5,9954.3.1 Submittal Review (PW)6915 $3,090 $0 $93 $3,090 $0 $93 $3,1834.3.2 Requests for Information (PW)448 $1,700 $0 $51 $1,700 $0 $51 $1,7514.3.3 Record Drawings (PW)13 1216 $2,225 $0 $67 $2,225 $67 $2,2924.3.4 Record Asset Management Data (PW)347 $1,455 $0 $44 $1,455 $0 $44 $1,499Sub-Total0011000180000092 000382$70,390 $0 $2,112 $70,390 $0 $2,112 $72,502C:\Users\SarahWilliams\Desktop\Carlsbad\Amendments 2 and 3 ESDC\Amendment 3 12_2_19\Amendment 3 Fee_Segment 5 RW Pipeline 12_02_19.xlsm Page 1 of 1© 2008 Kennedy/Jenks Consultants, Inc.DocuSign Envelope ID: 353DD151-74DE-4E07-A7BC-4C17DDE61C93 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 KENNEDY/JENKS CONSULTANTS, INC. 275 BATTERY ST., SUITE 550 SAN FRANCISCO CA 94111 Lexington Insurance Company 19437 Travelers Property Casualty Co of America 25674 Zurich American Insurance Company 16535 X X 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 X X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 1,000,000 1,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 PROFESSIONAL LIABILITY $2,000,000 PER CLAIM $2,000,000 ANNUAL AGGREGATE A BAP9326879 10/1/2019 10/1/2020 A GLO5833581 10/1/2019 10/1/2020 C 026154151 10/1/2019 10/1/2020 B ZUP-15R04499 10/1/2019 10/1/2020 A WC9326878 10/1/2019 10/1/2020 10/1/2020 1372166 Y N Y N N N Y 9/23/2019 N N 15665657 15665657 XXXXXXX CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE PO BOX 4668 – ECM #35050 NEW YORK NY 10163-4668 RE: MASTER AGREEMENT FOR WASTEWATER ENGINEERING SERVICES. SEE ATTACHED. X See Attachments CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03) THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS’ OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY KENNEDY/JENKS CONSULTANTS, INC. AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER’S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. THE UMBRELLA LIABILITY IS FOLLOW FORM OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY PER THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. Certificate Holder ID: 15665657 POLICY NUMBER: GLO5833581 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT, WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 3. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 4. That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractors or subcontractor engaged in performing operations for a principal as a part of the same project. U-GL-1114-A CW (10/02) Attachment Code: D501716 Certificate ID: 15665657 POLICY NUMBER: GLO5833581 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT, WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". U-GL-1114-A-CW (10/02) Attachment Code: D501717 Certificate ID: 15665657 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY # WC9326878 WC 00 03 13(ED. 04-84) ____________________________________________________________________________________ WAIVER OF OUR RIGHTS TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. This endorsement changes the policy to which it is attached and if effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Eff Date: 10/1/2019 Effective Policy No: WC9326878 Endorsement No: N/A Premium$: N/A Insured: Kennedy/Jenks Consultants, Inc. Insurance Company: Zurich American Ins. Co. WC124 (4-84) WC 00 03 13 Attachment Code: D491037 Certificate ID: 15665657 UTIL1507 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 2 TO AMEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RECYCLED WATER PIPELINE EXPANSION SEGMENT 5; PROJECT 5208 KENNEDY/JENKS CONSULTANTS This Amendment No. 2 is entered into and effective as of the ________ day of _______________________________, 2019, extending and amending the agreement dated January 25, 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 Kennedy/Jenks Consultants, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for professional engineering services. RECITALS A. On October 19, 2017, the Parties executed Amendment No. 1 to the Agreement to include Environmental Compliance for the D-Tank site, additional surveying and mapping of Plaza Camino and Tamarack extension, and tracking of meter connections; and B. The Parties desire to alter the Agreement’s scope of work to include additional engineering design support services through construction; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one million one hundred nineteen thousand one hundred twenty-two dollars ($1,119,122). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed ninety-eight thousand seven hundred twenty-six dollars ($98,726). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit “A” by January 24, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 10th July UTIL1507 General Counsel Approved Version 1/30/13 2 6. The individuals executing this Amendment 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 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 KENNEDY/JENKS CONSULTANTS, INC., a California corporation By: By: (sign here) for Scott Chadwick, Executive Manager Patrick T. Huston, Vice President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, 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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 UTIL1507 General Counsel Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 9665 Granite Ridge Drive, Suite 210 San Diego, California 92123 858-676-3620 FAX: 858-292-1694 May 24, 2019 David Hull, P.E. Associate Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, California 92008 Subject: Amendment 2 – Additional Engineering Design Services Through Completion Dear Mr. Hull: City of Carlsbad has requested additional work from Kennedy/Jenks Consultants (herein “Consultant”) associated to the Phase III Recycled Water Pipeline Segment 5 project, including additional assistance responding to requests for information (RFI’s), meetings, and permitting assistance. The following summarizes additional scope of work items and the associated level of effort for the proposed change to contract (dated January 25, 2017) Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208. Subtask 4.2 Construction Phase – Scope Additions In response to CMWD requests, Consultant will provide additional support services on a time and materials basis that may encompass the following: Tasks will include the following: 4.1.2 Requests for Information (RFIs) Consultant will provide responses for design related RFIs received from CMWD, within five (5) working days of the RFI being assigned to Consultant via email notification. Utility Redesign RFIs Consultant will respond to 50 utility RFIs (one per Plan and Profile sheet). There are 65 plan and profile sheets total and it is anticipated that the remainder of the utility RFIs (15) will be authorized at a future date. Utility RFI responses will entail a redesign of the horizontal and/or vertical alignment indicating locations of deflection couplings, elevation inverts, and slopes. It is assumed that the Contractor will prepare and submit with each utility RFI an accurate PDF markup depiction of all existing utilities, complete with all crossings on a particular plan and profile sheet. DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 David Hull, P.E. City of Carlsbad Public Works 24 May 2019 Page 2 All Other RFIs Consultant will respond to an additional 10 RFIs, for a total of 20 RFIs (inclusive of the 10 RFIs in the original scope). It is anticipated that additional RFI support may be needed and would be authorized in a future amendment. 4.2.1 Meetings, Conference Calls Consultant will attend ten (10) additional conference calls with two staff members (20 hours). 4.4 Prepare water pipeline clearance waiver applications with California Department of Drinking Water (DDW) Per 22 CCR 64572, recycled water crossings under existing water pipelines that have more than 6-inches clearance wall-to-wall, but less than 12-inches of clearance wall-to- wall, will require a waiver from the California DDW. Recycled water crossing of existing water pipelines with less than 6-inches of clearance wall-to-wall will not be allowed. Additionally, a waiver from DDW is required if there are joints or connections on the new pipeline within 8-feet on each side of a potable pipeline crossing, regardless of vertical depth. Consultant will prepare waiver applications for up to 10 individual crossings and submit to CMWD. CMWD will review, sign, and submit to DDW. Additional waivers may be needed and would be authorized in a future amendment. Proposed Amendment Fee Estimate Consultant proposes to provide the above described scope of services on a time and materials basis in accordance with schedule of charges per existing Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208 Contract (dated January 25, 2017). The total fee for additional scope items is $98,726. This would increase the total authorization from $1,020,396 to $1,119,122. We will not exceed this budget without prior authorization by Carlsbad Municipal Water District. Should you have any questions regarding this proposal or would like to request additional information, please do not hesitate to contact me. Very truly yours, KENNEDY/JENKS CONSULTANTS Sarah Williams, P.E. Principal Engineer DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 Proposal Fee EstimateKennedy/Jenks Consultants CLIENT Name: PROJECT Description: Phase III Recycled Water Project - Pipleine Expansion Segment 5Proposal/Job Number:5208 - Amendment 2Date: Carlsbad Municpal Water District5/24/2019January 1, 2016 Rates+ torClassification:AideTotalTotalSubsTotalExpensesTotal Labor + Subs ExpensesProject AdministratEng-Sci-9Eng-Sci-8Eng-Sci-7Eng-Sci-6Eng-Sci-2TotalLaborAdmin. Assist.Eng-Sci-5Eng-Sci-4DesignerCADEng-Sci-3Eng-Sci-1Hourly Rate:$280 $260 $245 $220 $195 $180 $165 $150 $130 $155 $120 $115 $95 $75 HoursFeesSub-Task 4.2 - Construction Phase - Additional Scope4.1.2 Const Phase Requests for Information (RFI)0 Utility RFIs50 150 300500 $75,250 $0 $2,258 $77,508 Other RFIs20 2040 $8,500 $0 $255 $8,7554.2.1 Const Phase Meetings, Conference Calls10 1020 $4,250 $0 $128 $4,3784.4 Const Phase DDW Waiver Applications10 3040 $7,850 $0 $236 $8,086Sub-Total0090002100000300 000600$95,850 $0 $2,876 $98,726Phase GroupTask RowDwg Sht RowJan 1Jan 3IEBUWIBUC:\Users\SarahWilliams\Desktop\Carlsbad\Amendments 2 and 3 ESDC\Amendment 2 5_24_19\2019-05-24_Ammendment 2 fee_Segment 5 RW Pipeline.xlsm Page 1 of 1© 2008 Kennedy/Jenks Consultants, Inc.DocuSign Envelope ID: F1DF00E8-F708-49AB-9670-231F66123547 UTIL 1507 AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RECYCLED WATER PIPELINE EXPANSION SEGMENT 5; PROJECT 5208 KENNEDY/JENKS CONSULTANTS B"t~':'tndment No. 1 is entered into and effective as of the / 9-1:fJ day of '~--"--, 2017, amending the agreement dated January 25, 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 Kennedy/Jenks Consultants, a California corporation ("Contractor") (collectively, the "Parties") for professional engineering services. RECITALS A. The Parties desire to alter the Agreement's scope of work to include Environmental Compliance for the D-Tank site, additional surveying and mapping of Plaza Camino and Tamarack extension, and tracking of meter connections; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total Agreement amount shall not exceed one million twenty thousand three hundred ninety six dollars ($1,020,396). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed forty four thousand seven hundred thirty five dollars ($44,735). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" by January 24, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /II Ill /II General Counsel Approved Version 9/27/16 UTIL 1507 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR KENNEDY/JENKS CONSULTANTS, a California corporation (sign here) ~ ili"c. k 1: flu~f.:,"' /v.-,e (print name/title) By: (sign here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: Execu · e Manager ?r.s;.J o,.. t ATTEST: ( i/j\TcJD--R rrJL 11/4,,Ll'-J /~ BARBARA ENGLESON {) Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:----~___.__:...=...;;;...._-----=---- Deputy General Counsel General Counsel Approved Version 9/27/16 2 CORPORATE SECRETARY'S CERTIFICATE AUTHORIZATIONS TO SIGN PROFESSIONAL SERVICES AGREEMENTS & CONTRACTS I, Donald R. Weiden, Corporate Secretary of Kennedy/Jenks Consultants, Inc., hereby certify that the following Resolution was adopted by the Board of Directors of this Corporation on 20 April 2012: RESOLVED, that this Corporation authorizes each Officer, and any employee who is designated in writing by the President, to, after completing review procedures, sign proposals and enter into agreements for professional services and general business purposes (excluding real estate leases, real estate rental agreements and banking transactions), on behalf of the Corporation. And, I certify that Patrick T. Huston is a Vice President of Kennedy/Jenks Consultants, Inc., and as an officer of the firm is authorized to sign proposals and enter into any Agreements for professional services with any existing or prospective client. CERTIFIED: Donald R. Weiden Dated 12-/1 1/zc:1 ?-, I 7 Corporate Secretary Kennedy/Jenks Consultants, Inc. [Corporate Seal) Item #15 January 24, 2017 Page 14 of 39 August 28, 2017 Lindsey Stephenson, P.E. Senior Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, California 92008 EXHIBIT "A" Kennedy/Jenks Consultants Engineers & Scientists 9665 Granite Ridge Drive, Suite 21 O San Diego, California 92123 858-676-3620 FAX: 858-292-1694 Subject: Amendment -Additional Survey, Tank Site Environmental Compliance, Meter Tracking Dear Mrs. Stephenson: City of Carlsbad has requested additional work associated to the Phase Ill Recycled Water Pipeline Segment 5 design, including additional environmental scope, and assistance to record and track meter connection information. The following summarizes additional scope of work items and the associated level of effort for the proposed change to contract (dated January 25, 2017) Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208. Subtask 1.7 Environmental Compliance for Tank Site The following scope of services address the additional work associated with analyzing the change in location for the proposed 1.5-3.0 million gallon (MG) Storage Reservoir to a location adjacent to the east of what was originally proposed on the D Tank Site, and incorporate this analysis into the Addendum that is being prepared for Segments 5 and 7. Further, the scope addresses refinements to the original scope of work based on the additional detail that has been provided on the proposed appended portions of Segments 5 and 7. Environmental compliance will be performed by Kennedy/Jenks' subconsultant, Helix Environmental. Tasks will include the following: • Biological Resources Report Update Consultant will include the analysis of the D Tank Site into the biological resources technical letter being prepared to analyze the modifications to Segments 5 and 7. The MND prepared for the project did not identify biological impacts associated with the D Tank Site, so it is expected that the effort to include this component into the technical letter will be minimal. Additionally, to verify existing conditions and confirm no new potential significant impacts on biological resources, Consultant will complete a brief Kennedy/Jenks Consultants Lindsey Stephenson, P.E. City of Carlsbad Public Works 4 August 2017 Page 2 general biological survey of the portions of Segment 5 that abut undeveloped land and the tank site. • Addendum to the MND. Consultant will analyze whether the change in tank location results in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. If the proposed change in location for the tank, as well as the changes to Segments 5 and 7 do not result in new or worsened impacts, Consultant will prepare an Addendum to the MND and submit to the CMWD electronically. It is assumed that the CMWD will file all required documentation to the State Clearinghouse, including any associated submittal fees. If it is determined that the project would not meet the conditions for an Addendum to the MND, a scope amendment would be required to prepare additional CEQA analysis as appropriate. • Addendum to the SRF Cross-cutting Checklist. Consultant will add the analysis of the D Tank Site to the addendum to the 2014 SWRCB SRF Federal Cross-cutting Environmental Regulations Evaluation Form, based on the information and analysis used to support the MND Addendum described above. HELIX will provide the form electronically to the CMWD for submittal to the SWRCB. • Coordination. This scope includes an additional 8 hours of Project Manager time to be used for coordination with the City and/or SWRCB as appropriate, which may be applied towards Environmental Compliance for Tank Site Assumptions The following additional assumptions and limitations are an integral component of this Scope of Work. If any of the assumptions listed are not correct, additional work may be required at additional expense: • Client will provide Consultant with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .shp (ArcView shapefiles), or .kmz (Google Earth). • It is assumed that the anticipated revisions to the pipeline alignments and tank site would not be substantial enough to require revisions to the 2013 Air Quality Conformity analysis. • Costs associated with permit preparation and processing, construction monitoring, recirculation of the CEQA document, and/or additional technical studies and reports ("additional work") are not included within the scope of services required of Consultant. • Once analysis has begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required. Lindsey Stephenson, P.E. City of Carlsbad Public Works 4 August 2017 Page 3 Subtask 2.4 Additional Survey Coverage Kennedy/Jenks Consultants Consultant will develop topographic survey for the areas identified as additional alignment during the Subtask 1.3 Refine Alignment. Additional alignments are identified in Figure 1 with a clouded shape and callout. This will include incorporating additional aerial mapping into the existing topographic base map, obtaining additional aerial mapping with 1' contours, plotting right-of-way lines, street centerlines, surface features and utilities in area of new alignment, and generally following provisions and requirements of original Subtask 2.4 Surveying and Mapping. Mapping will extend 1 O feet beyond right-of-way line on each side of the street. Subtask 3.11 Meter Connections Tracking An addendum to the Feasibility Study was prepared under Subtask 1.4, which was completed in June 2017. The addendum identified which meters are intended to be converted to recycled water. Some meters require additional field verification and/or research by Carlsbad Municipal Water District to determine suitability and feasibility to convert to recycled water. This research will continue into final design phase. Carlsbad will send information to Kennedy/Jenks as it becomes available, and Kennedy/Jenks will file this as record. At the 90% submittal, Carlsbad shall ensure any additional meter information is sent to Kennedy/Jenks for incorporation into the final update. Kennedy/Jenks will prepare a final update of the meter tables included in the feasibility study addendum, and will include a table documenting actions/ modifications. The updated meter tables will be included with the final design submittal. Proposed Amendment Fee Estimate Kennedy/Jenks proposes to provide the above described scope of services on a time and materials basis in accordance with schedule of charges per existing Agreement for Professional Engineering Services for the Recycled Water Pipeline Expansion Segment 5; Project 5208 Contract (dated January 25, 2017) for an estimated fee of $44,735. This would increase the upper limit from $975,661 to $1,020,396, all to be charged to Recycled Water. We will not exceed this budget without prior authorization by Carlsbad Municipal Water District. Should you have any questions regarding this proposal or would like to request additional information, please do not hesitate to contact me. Very truly yours, KENNEDY~ENKSCONSULTANTS Sarah Williams, P.E. Principal Engineer Printed by: RachelRodriguez LEGEND Extension of Proposed Segment 5 Alignment Extension Removal of 2012 Feasibility Study Proposed Segment 5 Alignment Proposed Segment 5 Alignment Existing Reclaimed Water Lines Boundaries -Commercial Property Irrigation I I HOA -Park School N i 0 500 1,000 k;;;--..J Feet Kennedy/Jenks Consultants Carlsbad Municipal Water District Carlsbad, California Updated Market Survey Proposed Segment 5 Alignment Modifications KJ 1744100*00 June 2017 !Figure 11 Proeosal Fee Estimate Kennedy/Jenks Consultants CLIENT Name: Carlsbad Municpal Water District PROJECT Description: Phase Ill Recycled Water Project -Pipleine Expansion Segment 5 Proposal/Job Number: 5208 Date: 812712017 January 1, 2016 Rates ~ + Ill .a .; ::, ·c: 'iii UJ Ill + ~ E "iii ~ C: "t '? ~ ~ "C Ill Ill 0 ., ~ '? t;-~ "I ; ..: ..: .a C. ., "'>( ·r; ·r; ·r; ·r; ·r; ·r; ·r; ·r; ·r; C: tl c Ill ..J w UJ "l "l "l "l "l "l "l "l ~~ C: Cl Cl C ., .E ., -Ill ~~ ~ Cl Cl Cl Cl Cl Cl Cl Cl "iii ·e-"C !! .a C: C: C: C: C: C: C: C: C: ., ..: "C 0"' 0 ::, 0 >( 0 Classification: w w w w w w w w w C (.) 0. ..: ct Total 1-..J I-UJ I-w I-HourtvRate: $280 $260 $245 $220 $195 $180 $165 $150 $130 $155 $120 $115 $95 $75 Hours Fees Task 1 -Refine Demands and Alianment Subtask 1.7 Environmental Comoliance for Tank Site 2 2 $440 $7 293 $13 $7,746 Task 1 -Subtotal 0 0 0 2 0 0 0 0 0 0 0 0 0 0 2 $440 $7,293 $13 $7,746 Task 2. Preliminarv Desian Subtask 2.4 Survevina and Maooina 2 2 $440 $31,350 $13 $31,803 Task 2 -Subtotal 0 0 0 2 0 0 0 0 0 0 0 0 0 0 2 $440 $31,350 $13 $31,803 Task 3 -Final Desian I Subtask 3.11 Meter Connections Trackina 4 24 I 1 29 $5,035 so $151 $5,186 Task 3 -Subtotal 0 0 4 0 0 0 24 0 0 ol 0 0 1 0 29 $5,035 $0 $151 $5,186 I Total 0 0 4 4 0 0 24 0 0 oi 0 0 1 0 33 $5,915 $38,643 $177 $44 735 C.\Uaers\SarahWliams\Desktop\2017-0S-.27 _Ann•tmdmant fee_Segrrent 5 RW Pipeline.ldsm Page 1 of1 0 2008 K....edyt.l lonl<s Consullants. h::. ACORD® CERTIFICATE OF LIABILITY INSURANCE 10/1/2017 I DATE (MM/DD/YYYY) ~ 1/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 PHONE FAX IAJC No Extl: IA/C Nol: Kansas City MO 64112-1906 E-MAIL (8 I 6) 960-9000 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Zurich American Insurance Company 16535 INSURED KENNEDY/JENKS CONSULTANTS INC INSURER B: Travelers Property Casualty Co of America 25674 1372164 303 SECOND STREET, SUITE 300 SOUTH INSURER c: Lexin2ton Insurance Comnanv 19437 -SAN FRANCISCO CA 94107 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14488068 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MM/DD/YYYYl /MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y N GLO5833581 10/1/2016 10/1/2017 EACH OCCURRENCE $ 1000000 -· D CLAIMS-MADE [xJ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1000000 -----------·---MED EXP (Any one person) $ ~QQ_O. -.. --PERSONAL & ADV INJURY _$),0Q0 000 --------- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~ [x] PRO-DLOC $ 2 000 000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ J\ AUTOMOBILE LIABILITY N N BAP9326879 10/1/2016 I 0/1/2017 COMBINED SINGLE LIMIT -~ 1000000 /Ea accident) ---------·-- X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx --OWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Per accident) s xxxxxxx - X HIRED X NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY /Per accident\ ------ $ xxxxxxx B 4_ UMBRELLA LIAB H OCCUR N N ZUPl5R04499 10/1/2016 I 10/1/2017 EACH OCCURRENCE $ 1,000 000 EXCESS LIAB CLAIMS-MA_D_E I AGGREGATE $ 1,00O,0_QQ _____ OED I I RETENTION$ : --·--· --------·----"" $ xxxxxxx WORKERS COMPENSATION N X PER I , OTH- A AND EMPLOYERS' LIABILITY WC9326878 10/1/2016 10/1/2017 STATUTE i ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ I 000 000 OFFICER/MEMBER EXCLUDED? N/A ----- (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under I 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C PROFESSIONAL N N 026154151 I 0/1/2016 I 0/1/2017 $1,000,000 PER CLAIM Lli\HILITY $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CITY OF CARLSBAD K/J #1744100-00. CARLSBAD MUNICIPAL WATER DISTRICT IS AN ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN CONTRACT. THE EXCESS/UMBRELLA LIABILITY IS FOLLOW FORM OVER THE GENERAL LIABILITY PER THE POLICY TERMS, CONDITIONS i\ND EXCLUSIONS. CERTIFICATE HOLDER 14488068 CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD / / POLICY NUMBER: GLO5833S81 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or OrQanization(s): WHERE REQUIRED BY WRITTEN CONTRACT, THE CITY & COUNTY OF HONOLULU. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or - 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © 150 Properties, Inc., 2004 Attachment Code : D480788 Certificate ID : 11997962 Item #15 January 24, 2017 Page 6 of 39 UTIL 1507 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE RECYCLED WATER PIPELINE EXPANSION SEGMENT 5; PROJECT 5208 KENNEDY/JENKS CONSULTANTS \ "THIS AGREEMENT is made and entered into as of the 2 5-t\1\. day of _U_gY\tA (J\J)L_, 2017, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agenc~anized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and KENNEDY/JENKS CONSULTANTS, a California corporation, ("Contractor''). RECITALS A. CMWD requires the professional services of a professional engineer that is experienced in recycled water pipeline design. B. Contractor has the necessary experience in providing professional services and advice related to recycled water pipeline design. 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 three (3) years from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) 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 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. Any delay or default in the performance of any obligation of Contractor under this agreement resulting from any cause(s) beyond Contractor's reasonable control shall not be deemed a breach of this agreement. The occurrence of any such event shall suspend the obligations of the Contractor as long as performance is delayed or prevented thereby, and the fees due hereunder shall be equitably adjusted. General Counsel Approved Version 4/2/15 1 Item #15 January 24, 2017 Page 7 of 39 UTIL 1507 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed nine hundred seventy five thousand six hundred sixty one dollars ($975,661). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 General Counsel Approved Version 4/2/15 2 Item #15 January 24, 2017 Page 8 of 39 UTIL 1507 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. 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. lfthe 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. General Counsel Approved Version 4/2/15 3 Item #15 January 24, 2017 Page 9 of 39 UTIL 1507 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. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this General Counsel Approved Version 4/2/15 4 Item #15 January 24, 2017 Page 10 of 39 UTIL 1507 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. ForCMWD Name Lindsey Stephenson, P.E. Title Associate Engineer Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone 760-603-7356 For Contractor Name Sarah Williams, P.E. Project Manager/Principal Civil Title Engineer and Client Team Leader Address 9665 Granite Ridge Drive, Suite 210 San Diego, CA 92123 Phone E-mail 858-676-7508 SarahWilliams@kennedyjenks.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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 General Counsel Approved Version 4/2/15 5 Item #15 January 24, 2017 Page 11 of 39 UTIL 1507 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 (1 0) 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. 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 General Counsel Approved Version 4/2/15 6 Item #15 January 24, 2017 Page 12 of 39 UTIL 1507 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. 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 General Counsel Approved Version 4/2/15 7 Item #15 January 24, 2017 Page 13 of 39 UTIL 1507 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 Kennedy/Jenks Consultants, a California corporation By: c;;i1 f !I&~;;; (sign hereJ I"?ttr d<-T ~ vr;. fo..., (print name/ti le) '\>let.c)C ~ee 'A-'t;c~dliY-cttt By: (sign here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad MA ALL President ATTEST: Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President ;{) ,~II Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By:~~ Deputy General Counsel General Counsel Approved Version 4/2/15 8 Item #15 January 24, 2017 Page 14 of 39 CORPORATE SECRETARY'S CERTIFICATE AUTHORIZATIONS TO SIGN PROFESSIONAL SERVICES AGREEMENTS & CONTRACTS I, Donald R. Weiden, Corporate Secretary of Kennedy/Jenks Consultants, Inc., hereby certify that the following Resolution was adopted by the Board of Directors of this Corporation on 20 April2012: RESOLVED, that this Corporation authorizes each Officer, and any employee who is designated in writing by the President, to, after completing review procedures, sign proposals and enter into agreements for professional services and general business purposes (excluding real estate leases, real estate rental agreements and banking transactions), on behalf of the Corporation. And, I certify that Patrick T. Huston is a Vice President of Kennedy/Jenks Consultants, Inc., and as an officer of the firm is authorized to sign proposals and enter into any Agreements for professional services with any existing or prospective client. CERTIFIED: Dated I z-/t ~/?£?; ~ • I 9~£#~ Donald R. Weiden Corporate Secretary Kennedy/Jenks Consultants, Inc. [Corporate Seal] Item #15 January 24, 2017 Page 15 of 39 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } on 0\ l3JJon before me, Kassandra Aguirre, Notary Public (Here insert name and title of the officer) personally appeared ----l.----'--'----'--'=L-"-'----'-------'--.:.:c.----'--'--------------r--- who proved io me on the basis of satisfactory evidence to be the person( whose nam~s) is/~re subscribed to the withi~ f~tru ent and acknowledged t me that he/sjle/th~y executed~h same in his!Mer/t ir authorized capacity(j.E!s), and that by his~hlir/t~~ir signature( on the instrurne_ t the persol)(s), or the ~~ity upon behalf of wh1cl. th!fperso'J) a ted, executed the mstrument/ 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. !fowu/Jp a,~ N6tafYPUblic Signature r (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current Californiastatutesregardingnotarywordingand, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents bemg sent to that state so long as the wording does not require the California notary to violate California notary law. {Title or description of attacheQ.Jiocument continued) ~ Number of Pages __ Document Date. ___ _ CAPACITY CLAIMED BY THE SIGNER / D Individual (s) // D Corporate Officer ~.rp>_,~ /,~ -----,(T""'i.,.,...tl~"""'"")----. -=-/~"· 0 Partner(s) D Atto~n~~ -Fact o Trus;ee(s) 0 /~er ____________________ __ 2015 Version www.NotaryCiasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Item #15 January 24, 2017 Page 16 of 39 EXHIBIT A SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) SCOPE OF WORK Project Description The CMWD started its recycled water program in 1990 with preparation of its 5-phase Recycled Water Master Plan (RWMP}, which was accepted and approved by the Board through adoption of Resolution No. 779 on March 3, 1992. Based on the adopted Recycled Water Master Plan the Phase I Project was designed and construction completed in 1995, and the Phase II Project was subsequently completed in 2008. The total recycled water demand is now averaging approximately 4,100 acre-feet per year (afy}. On November 6, 2012, an updated 2012 RWMP was accepted and approved by the Board through adoption of Resolution No. 1450. The 2012 RWMP documented the capabilities of the existing system, evaluated potential pipeline system expansions, and provided recommended pipeline system expansions and treatment supply sources for a Phase Ill project and also a build out project. Phase Ill Recycled Water Program Based on information contained in the 2012 RWMP, a Feasibility Study for a Phase Ill Recycled Water Project was completed in June 2012 showing the recommended facilities to supply an additional estimated average annual demand of 3,135 afy increasing the total demand from approximately 4,100 afy to 7,235 afy, a 76 percent increase in demand. To provide the recycled water to the user sites, the Phase Ill project includes four major components: (1} Construction of 18 miles of pipeline ranging in size from 4-inches to 18-inches in diameter. With reference to the 2012 RWMP the following Pipeline Expansion Segments are included 1A, 2, 4A, 5, 7, 8, 9 and 18. As of this RFP, Segments 1A, 2, 7, 8, 9, 18, and portions of 5 have either been constructed under separate projects or are in final design under separate agreements. (2} Installing 156 metered service connections. (3} Expanding the capacity of the Carlsbad WRF from 4.0 mgd to 7.0 mgd. (4} Constructing a 1.5 MG storage reservoir at CMWD's Twin D reservoir site. The Feasibility Study was modified slightly in August 2013 to be submitted in support of the program's SRF application, and this is the most recent documented analysis of Segment 5. However, water conservation and some users have changed, so the Segment 5 demands and alignment need to be refined. Segment 5 Overview Recycled Water Pipeline Expansion Segment 5 will provide recycled water to customers in northern Carlsbad as part of the Pressure Zone 384, extending north along El Camino Real to serve the second phase of Robertson's Ranch, several existing HOAs, and existing landscape irrigation. Figure 1 shows the entire span of Segment 5. Segment 5 was broken down into sub-segments due its size and differing implementation needs. Two portions of Segment 5 have already been installed. The developer for Robertson's Ranch has already installed Sub-segment 5-0 on El Camino Real from Cannon to Tamarack, and the City installed Segment 5-2 on El Camino Real from Tamarack to Chestnut while completing a construction project to widen El Camino Real along that same stretch. 1 Item #15 January 24, 2017 Page 17 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) This current project will design Sub-Segments 5-1 and 5-3. Sub-Segment 5-1 extends off El Camino Real to services along Tamarack and Kelly. Sub-Segment 5-3 extends along El Camino Real from Chestnut to Haymar and along Marron Road. Sub-Segment 5-4 is not currently planned but this project will include provisions for future build-out north of Sub-Segment 5-3 to the north. There is also a possibility that a future recycled water program will expand into Carlsbad Village, and provisions for this future build-out should be considered. In addition to the remaining work on Segment 5, some small portions of recycled water pipeline need to be installed in other locations, including a small stretch of Segment 2 along Cannon Road a stretch of Segment 7 to close a loop on Tamarack. Pipeline Expansion Segment 5-1 Pipeline Expansion Segment 5-1 extends off ECR along Kelly Drive and into HOAs along Tamarack. The sub-segment consists of approximately 7,500 LF of 8-inch, 9,500 LF of 6-inch and 6,300 LF of 4-inch PVC C-900 pipelines and approximately 7 service laterals to service the 384 HGL Recycled Water Zone. More customers may be identified as part of this project. The planned alignment is shown in Figure 1, and the planned customers are shown in Table 1. Approximately 1,500 LF of 8-inch and 175 LF of 6-inch potable waterlines within the Flower Fields development will be replaced with in-kind diameter PVC pipe, as shown in Figure 4. Recycled water will be designed up to the meter serving the Flower Fields development. Within Zone 446 (Palisades HOA development, west of El Camino/Tamarack), approximately 770 LF of 14-inch potable water pipelines will be demolished as shown on Figure 5. Approximately 1,800 LF of 4- inch potable water pipelines in the area shown on Figure 5, north and south of Tamarack, will be upsized to 6-inch PVC pipe. Pipeline Expansion Segment 5-3 Pipeline Expansion Segment 5-3 consists of approximately 14,600 LF of 8-inch and 600 LF of 6-inch PVC C-900 pipelines and approximately 5-7 service laterals. The planned alignment is shown in Figure 1, and the planned customers are shown in Table 1. Complete Pipeline Expansion Segment 2 Segment 2 needs to be completed along Cannon Road from Avenida Encinas to Carlsbad Boulevard, including a crossing under the railroad. This portion was included in the Phase Ill Program and is part of the existing CEQA Plus plans. This small portion of Segment 2 consists of approximately 1,500 LF of 8-inch PVC C-900 pipelines to service the 384 HGL Recycled Water Zone. There will be at least one service lateral to a park at the corner of Cannon and Carlsbad Boulevard. The planned alignment is shown in Figure 2. Loop Pipeline Expansion Segment 7 (Future Authorization) CMWD would like to close the loop on Segment 7 along Tamarack, which was installed in 2015. However, this work will only proceed if a CEQA Plus amendment is completed because of changes to work on Segment 5 that were not included in the original CEQA Plus plans. This small portion of Segment 7 consists of approximately 900 LF of 6-inch PVC C-900 pipelines to service the 580 HGL Recycled Water Zone. 2 Item #15 January 24, 2017 Page 18 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Each task for this loop is to be considered optional and will not be pursued without written approval from CMWD. The planned alignment is shown in Figure 3. Funding As CMWD was developing the Phase Ill program, funding sources were also pursued. On November 27, 2012, the Board authorized staff to submit an application for California State Water Resources Control Board Loan and approve and authorize dedication of a revenue source for the Carlsbad Municipal Water District's repayment of the California State Water Resources Control Board's Loan and dedication of a capital reserve fund for the Phase Ill Recycled Water Project. The project will incorporate the SRF funding requirements. Table 1-Planned Customers from Feasibility Study (based on Figure 4.5 from Feasibility Study) Sub-Customer Estimated Segment ID Customer Name Average Annual Demand (afy) 5-1 COlO Tamarack Point HOA 42.0 5-1 C040 Kelly Elementary School (Group) 10.5 5-1 C078 City of Carlsbad Parks 4.6 5-1 C140 Irrigation Meters in Palisades and Telescope HOA 11.7 5-1 C163 Existing Colony at Calavera Irrigation Meters 7.2 5-1 Total 76.0 5-3 C021 Pan Pacific Retail Prop Inc 19.5 5-3 C027 Full Range Prty LLC (Carlsbad Golf Center) 17.5 5-3 C029 Plaza Camino Real 25.6 5-3 C165 Existing Landscape Meters at Marbella (Apartment 2.0 Complex) 5-3 C104 Hosp Grove Park 2.0 S-3 Total 66.6 3 Item #15 January 24, 2017 Page 19 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Figure 1 Alignments for Sub-Segments 5-1 and 5-3 (based on Figure 5 from Feasibility Study) I Cf&4 • C03~ ... SegmentS U.,•IMI .... .. Phlln IN A•cyclef 'I'IW!or CLIIO,OIIIOI!I"' fGII:IIDuAitft IDI .lilo_ ... _. e l:llw..,.,.••••~,...,.~ ..... _., .. ~ ..... . RKllfdMI w ...... il'lpllll.-,. ' ~~ ,.7.50=1:J,&OOiillllllii3iiii,OOO • Feel! Plpellna Expansion SegmentS Recycled Water Phase Ill CMWD 6 Item #15 January 24, 2017 Page 20 of 39 SOW -PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Figure 2 Alignment to Complete Segment 2, Dashed Portion Only (based on Figure 4.3 of Feasibility Study) Agua Hedionda Lagoon _________ ....- ____ ...-- ... \ ~ 1.o .. ' ~~.~ '.\ '· I"' C1 •.\ \ \· ' ., I Segment2 L•g•nd Phase Ill Recycled Wat...-Customers (Customer /D) • E.po""""'Pt_.t2 e otMr fltuts. ld l:.J;~JtaP Protoc&s e .-qacwnt lo Ol!lfinSI Recycl•d Water Pipelines -9sti"9R•IO)'clttd W...r~,.s -~:.~~~., • • • CorrcJhrte &penacm SetJ111511 .. 2 iRFP) _.,_._..S.gmant( ....... """"""'*"J -··· Oth8t P~ In PIP'Illnw Recycled Wster Fscilitiu • PumpSIIolion B F'PM~ R•g~'"'t~no suuoo (PRS) ........ ""'RltHf\Or • lnac ... 'NR~ • Inactive Pump sa ... an "'-18r~ c.-..Cily~ San o;.,. c-CCMwoBD~ry 0 400 800 1.600 --===---Feet Pipeline Expansion Segment 2 Recycled Water Phase Ill CMWD 8/9/16 Figure 3 Alignment to Loop Segment 7 (figure based on Figure 4.6 of Feasibility Study) 7 Item #15 January 24, 2017 Page 21 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) AVALON_ ~ERKELEY ---I-C. ~ c c. a: ~0 zu. !11Z ;5 l'IBURON rn SEABURY BROOKWOOD BARRANCA Segment7 Lagend Phase Ill Racyt::l.cl Water Cus.tomers (Cusk>,....,.ID) • c..-....... 17 • Othw PIYH •1 Eq;J~nsloo PrvJIII'd5 • Adf-tut: o EJC~~;bng Recycled Wale' Pipeline• -Enlbng R~;~qodllld W...1 ~ ........ -o.--~n~-7~•011' ---Oth• Ptau II P4 .. .,._ -· RKyc:led Water Fitcllilles • P ..... !ilo1llott 8 -~-•s•-<I"'S"J •-.. • -F ·-._ .. "" ·---':" 0 285 570 1,140 •--==---==---• Feet Pipeline Expansion Segment 7 Recycled Water Phase Ill CMWD 8/9/2016 8 Item #15 January 24, 2017 Page 22 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Figure 4. Flower Fields Pipe Replacement FLov.ER FIELDS DEVELOPMENT • MULTIPLE MAIN BREAKS; MATERIAL ISSUE, POSSIBI. Y SOIL-RELATED· COMPLETE REPLACEMENT OF Wt.TER Llt(ES 7 Item #15 January 24, 2017 Page 23 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Figure 5. Zone 446 Replacement and Demolition. REPLACE 4" AND 8'' ACP 2A1 THROUGH PALISADES 8 Item #15 January 24, 2017 Page 24 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Scope of Services Consultant's services shall include preparation of plans, reports, estimates, and technical specifications necessary to complete engineering design of the Project as defined herein and to competitively bid the project. All tasks labeled "Future Authorization" will only be authorized upon written approval by the CMWD's Project Manager. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Services shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and having the maker and checker identified. The minimum standard of appearance, organization, and content of the plans, estimates, calculations, reports, and other documents shall conform to applicable CMWD and City of Carlsbad standards and manuals, except where noted herein. Changes to the Scope of Services will not be made without an amendment to the agreement. Consultant will not be compensated for services provided prior to approval of a change to the Scope of Services. The CMWD will not reimburse any services provided by Consultant that are not covered by the Scope of Services. The following is an itemized breakdown of the professional and technical engineering services required for preparation of the plans, specifications, and estimates for the Project. Task 1: Refine Demands and Alignment Recycled water demands were last analyzed in detail in 2012-2013. Under this task, Consultant shall refine the demands and alignment based on more updated information. Subtask 1.1 Data Collection Consultant shall request and review updated meter data and locations. Data collected as part of the 2012 RW Feasibility Study, including GIS and digital files, will be reviewed and supplemented by (1) recent water meter data for all customers in the vicinity of planned alignments, (2) updates on planned new development including expanding into Carlsbad village and (3) available information for commercial or industrial process water demands. Consultant's team will work with the City's operations staff and perform field reconnaissance to determine exact locations of existing water meters for customers in Table 1 and to determine the most appropriate demand data to use for estimating future recycled water deliveries. Based on this research, the alignment will be revised as necessary for accuracy and for optimization of recycled water usage. Subtask 1.2 Refine Demands Consultant shall update demands for larger customers identified in the 2012/2013 planning documents and identify actual meter locations. Consultant shall also identify additional potential customers to be served by service laterals along the proposed alignment within an approximate 500-foot buffer of the proposed distribution alignment that would justify an additional distribution pipeline. This task shall include updating estimated demands and considerations necessary to convert users to recycled water. A recycled water survey map and table will be developed based on the information reviewed in Subtask 1.1 to confirm meter locations to be served by the recycled water system, validate demands, confirm peaking factor design criteria provided by the City, and identify potential additional customers. Based on discussions with CMWD, this subtask may include communication with neighboring agencies, the carlsbad Energy Center and other large customers to confirm use patterns, customer based level of service requirements and schedules for planned developments. It is assumed that the existing recycled water model 7 Item #15 January 24, 2017 Page 25 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) would be utilized to confirm flows and pressure requirements in the existing system and sizing requirements for the planned system under a separate contract. The feasibility for conversion to recycled water will be based on information obtained through discussions with CMWD, potential users and Kennedy/Jenks' experience successfully converting over 600 customers to recycled water. At upcoming Progress Meeting (Progress Meetings scoped under Subtask 5.3}, review map and table of the additional potential customers with CMWD to jointly decide if any of the new customers are worth pursuing further. Subtask 1.3 Refine Alignment Based on results of prior subtasks, evaluate feasibility of refining or expanding alignment to include actual meters and incorporate additional users. Review estimated costs against potential demands, and recommend pipeline refinements to pick up more customers. A conceptual-level unit life cycle cost comparison will be developed to identify a phasing approach based on the most cost effective alignments along with other non-cost considerations. Review recommendations with CMWD at next Progress Meeting (Progress Meetings scoped under Subtask 5.3}. Subtask 1.4 Update Feasibility Study An addendum to the Feasibility Study will be developed under Subtask 1.4 to memorialize significant findings and updates from market assessment and demand updates in a succinct Feasibility Technical Memorandum (TM) and support the design work in future tasks. It is not anticipated at this time that additional hydraulic modeling will need to be performed, however, in the case that it is needed Kennedy/Jenks will coordinate with the City's on-call subconsultant for hydraulic modeling to confirm simulated velocity and pressure are within design criteria and to confirm the sizing of conveyance facilities for the proposed alignment extensions. A draft Feasibility TM will be prepared including a revised alignment figure, updated customer table, and associated cost estimate, and CMWD will review and provide one round of comments prior to finalization of the Feasibility TM. Subtask 1.5 CEQA Plus Amendment (Future Authorization) If the final pipeline alignment varies from that proposed in the Feasibility Study, with written approval from CMWD, complete a CEQA Plus amendment to include the new portions of pipeline and the Segment 7 loop. The Segment 7 loop will only be pursued if a CEQA Plus amendment is required. This scope assumes that the proposed modifications to the project description would not result in any new or substantially worsened significant adverse impacts, and thus an Addendum would be the appropriate approach to revising the CEQA document, if deemed necessary. Subtask 1.6 Segment 7 Loop Feasibility Study(FutureAuthorization) If a CEQA Plus amendment has to be completed, with written approval from CMWD, incorporate the pipeline that will close the loop on Segment 7 on Tamarack into the Tech Memo updating the relevant sections of the Feasibility Study (Subtask 1.4). Task 2 Preliminary Design Subtask 2.1 Field Reconnaissance Meet with design team, CMWD engineering, and CMWD recycled water conversion team to: • Confirm feasibility of customers. 8 Item #15 January 24, 2017 Page 26 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) • Locate proposed services • Bo become familiar with the alignment corridor • Develop a photographic inventory • Identify difficult construction areas • Identify potential utilities • Identify potentiallaydown areas Subtask 2.2 Data Collection and Review Consultant shall obtain and review all available reports, right-of-way maps, drawings, and standard specifications from CMWD, the City of Carlsbad, and from other local agencies. Consultant shall collect and review utility maps and easement information regarding abandoned, existing, and proposed utilities corresponding to the proposed pipeline alignment. It is anticipated that the pipeline alignment will be in paved roadways of public streets and in existing 30-foot wide easement through private property and private streets. Utility maps shall be reviewed to determine potential conflicts with the proposed pipeline. A utility search and conflict resolutions shall be coordinated with the following agencies including, but not limited to: • San Diego Gas & Electric • Telephone • Cable television companies • Other local utilities Provide list to CMWD of any charges required by the utility agencies to generate these maps for review and to gain consensus. With prior written approval, CMWD will pay any charges required by the utility agencies and/or the entity that is associated with providing utility maps for the purpose of locating utilities for design of the Project. Consultant shall collect and review record drawings for active projects that may be completed at the time of this project, including Desalination Pipeline, majority of Segment 2 recycled water completed under another contract, and Segment 7 recycled water. It is assumed that CMWD will provide all record drawings in its possession for active projects in the vicinity of the proposed alignment at the time of project kickoff. In the event that record drawings for these projects are not yet available at this time, CMWD will communicate any significant changes to Consultant. Subtask 2.3 Potholing Prepare and submit list of proposed potholing locations. Review at a next Progress Meeting (Progress Meetings scoped under Subtask 5.3) to verify which potholes to complete. For potholes to be completed, Consultant shall arrange with utility owners mark-outs and potholing of existing utilities in areas of proposed pipeline alignment conflict. Consultant shall locate facilities to determine their physical size (if possible), horizontal location and alignment (if possible), and vertical elevation at the pothole locations. Air vacuum extraction technology will be utilized for the verification of existing utilities. Include 40 pothole locations in the scope of work based on utilizing an air vacuum extraction firm such as Underground Solutions, Inc. or approved equal who are familiar with all City of Carlsbad requirements for completing this effort including traffic control and pavement replacement. Assuming that trench will be in the same location as pothole, patch with Perma-Patch or approved equal. In the event that the 9 Item #15 January 24, 2017 Page 27 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND S-3) location does not end up being in the trench, include in specifications that contractor will be required to repair with hot asphalt. Consultant will advise Utilities Department if additional potholing beyond the number set is recommended. Following markouts and potholing of the existing utilities, Consultant will field survey PKs set by the potholer, reference points to pothole locations, and provide coordinate and elevation data for each. This information will be presented on the construction drawings. Consultant shall identify and plot on all drawings the locations of all above and below ground utilities and facilities that are along the pipeline alignment and provide recommendations to remedy conflicts. Cultural monitoring may be required for certain pothole locations. CMWD will contract separately with a cultural monitor for that work. Consultant will be expected to coordinate activities with CMWD with sufficient notification to ensure cultural monitor is present. Potholing will be performed when the refined alignment has been finalized and utility research subtasks are complete. Subtask 2.4 Surveying and Mapping Consultant shall field verify existing survey control points and benchmarks within and adjacent to the project limits, and set an adequate number of control points for construction staking control. Consultant will research County of San Diego and City of Carlsbad control data survey control points and benchmarks within and adjacent to the project. Consultant will set aerial panels as needed to produce mapping to National Map Accuracy standards and will tie them to the project control. Consultant shall develop topographic survey by photogrammetric methods for the pipeline alignment. The mapping will include 1-foot contour intervals at 1 inch = 40 feet scale and labeled California Coordinate System grid ticks. The survey will be provided in digital format with 3-dimensional elevation contours for AutoCAD software format, compatible with CMWD's software. Mapping will extend 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. Photo coverage will be a minimum of 10 feet beyond right-of-way line on each side of streets within the pipeline corridor. Consultant shall field check aerial survey data and shall survey invert elevations of culverts and drain pipes and elevation of top of water valve operating nuts within the mapped area. Consultant shall review City, County, and SDG&E right-of-way maps, records, to verify existing rights-of- way along the pipeline corridor. Determine additional permanent and temporary right-of-way requirements for proper construction, operation, and maintenance of the pipeline and appurtenances. Consultant will obtain City of Carlsbad's GIS mapping of parcels to superimpose existing parcel lines along the pipeline corridors on the topographic mapping. Existing rights-of-way will be mapped from street improvement plans and mapped locations of right-of-way centerline monuments. No survey ties or right-of-way analysis are included in this task. Upon NTP, the surveyor will be given authorization to obtain aerial imagery for the alignment and nearby surrounding area, excluding the Segment 7 loop, which would be conducted as part of a future authorization (Subtask 2.7}. The field survey of Segment 2 (Cannon Rd} including topographic survey and plotted utilities in CAD, will be conducted first in order to prepare the associated drawings as early as possible for use with NCTD coordination and permitting efforts, as it is a critical path item. Next, the surveyor will perform the field survey in the areas of the alignment that have already been confirmed and predesign on these areas will begin. The detailed CAD survey will not be performed for Segment 7 loop at this time, but may be completed as part of a future authorization (Subtask 2. 7}, as previously 10 Item #15 January 24, 2017 Page 28 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) mentioned. Finally, as part of a future authorization, the surveyor will map any additional alignment that may have been updated based on Subtask 1.3. Subtask 2.5 Geotechnical Investigation Consultant shall prepare a separate geotechnical investigation to assist in the design and construction of the proposed pipeline and appurtenant facilities. The investigation shall include review of available information (consisting of available geotechnical reports, geological maps, and stereoscopic aerial photographs), geotechnical field reconnaissance, site visit to mark boring locations and meet with Underground Service Alert for utility clearance, acquisition of permits necessary for the boring work, traffic control for soils borings, soils borings, laboratory testing, and preparation of a geotechnical report. The report shall bear a State of California Certified Engineering Geologist or Registered Professional Engineer seal with the signature, license number, and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report presenting the results of the investigation. Consultant shall conduct soil borings, perform laboratory tests, and analyze test data. The field exploration program will consist of drilling, logging, and sampling exploratory test borings with a truck mounted drill rig along the proposed pipeline alignment. At upcoming Progress Meeting, review proposed boring locations with Utilities Department prior to drilling. Borings shall be drilled to a depth of 10 to 15 feet below the existing ground surface (or refusal) at about 1,000 foot intervals along the remainder of the alignment, for a total of 32 borings. Bulk and in-place samples of the encountered soils will be collected and transported to the laboratory for testing. Geotechnical laboratory testing shall be performed on selected samples and will consist of in-situ moisture content and dry density, grain size analyses, Atterberg limits, shear strength, corrosivity. Pull sufficient sample in the event that additional tests, such as consolidation and El, need to be performed. In the event the existence of hydrocarbons is discovered by Consultant during drilling, Consultant shall immediately notify the Utilities Department and seal the hole. Environmental sampling and testing of the subsurface soils is not part ofthis work. Assuming that trench will be in the same location as boring, patch with Perma-Patch or approved equal. In the event that the location does not end up being in the trench, include in specifications that contractor will be required to repair with hot asphalt. The geotechnical report will address geotechnical aspects of the alignment as related to pipeline design. Design recommendations for bearing capacity, soil modulus "E'", pipe flexibility, backfill and compaction requirements, pipe bedding, thrust blocks, pavement replacement will be made and included in the geotechnical report. Site conditions, earth materials, soil properties, slope stability, trenching, shoring, groundwater, excavation difficulty, liquefaction potential, anticipated corrosion potential of on-site soils, and seismology will be described and discussed. Consultant shall obtain all required permits and perform required traffic control for the purposes of geotechnical investigation drilling Cultural monitoring may be required for certain boring locations. CMWD will contract separately with a cultural monitor for that work. Consultant will be expected to coordinate activities with CMWD with sufficient notification to ensure cultural monitor is present. 11 Item #15 January 24, 2017 Page 29 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Subtask 2.6 Preliminary Design Report Consultant shall prepare a preliminary design report for the Project. Kennedy/Jenks will ensure CMWD approval of the Feasibility TM prior to beginning predesign for any of the changed/added alignment segments. The report shall include: • Design criteria; • Recommendations for pipe selection; • Corrosion control; • Discussion of the pipeline horizontal alignment and considerations, such as minimizing traffic disruption and avoiding existing utilities; • Key features of constructability and sequencing to be considered in final design (including tourism season, holiday shopping season, and school calendars}; • Considerations for possible future expansions (such as to Oceanside or to Carlsbad Village}; • The basis for other key design features; • Traffic control requirements and schematic of locations where Consultant anticipates that traffic control plans will be developed, compared to locations where contractor will be expected to develop plans; • Proposed index of sheets • Proposed TOC for specs • Jurisdiction of relevant government agencies and permits that will be required for the project; • Construction Cost estimate; • Appendices o 30% complete drawings that include the key map, survey, boring locations, pothole locations, proposed horizontal alignment for the pipelines, existing utilities, and proposed easements, and right-of-way demarcation o Geotechnical investigation The PDR will include all segments that are to be included in the project. Submit five (5} copies and an electronic compiled, bookmarked pdf of the Preliminary Design Report of the draft version. Incorporate comments, and submit the same for the final version. Sub task 2. 7 Segment 7 Loop Preliminary Design (Future Authorization) If a CEQA Plus amendment has to be completed, CMWD will close the loop on Segment 7 in this project and will therefore require preliminary design for that section. With written approval from CMWD, include the Segment 7 loop in all prior Preliminary Design subtasks. This future authorization task includes additional survey, geotechnical investigation, potholing (two additional potholes}, utility mapping and inclusion in the PDR (including preparation of 30% drawings} for the Segment 7 loop closure (approximately 900 LF}. It is assumed that geotechnical data from Segment 7 original design will be available for consultant's reference and only one additional boring is included as a future authorized geotechnical scope item. Subtask 2.8 Preliminary Design (Potable Water) Consultant shall include the potable water pipeline replacements and demolitions, as defined in the Project Description of this Scope of Work, in all prior Preliminary Design subtasks. This subtask includes additional survey, geotechnical investigation (three additional borings}, potholing (five additional potholes}, utility mapping and inclusion in the PDR (including preparation of 30% drawings}. 12 Item #15 January 24, 2017 Page 30 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) It is assumed that CMWD will be responsible for coordinating with the Flower Fields development and Palisades HOA for gaining access to these properties in order to complete the scope of work in these areas. Task 3 Final Design Contract Drawings Consultant shall prepare and deliver to Utilities Department the Project construction drawings. All cover sheets, sheet index, general notes, layout, profiles, construction details, and other related sheets shall be provided on CMWD standard "full size" sheets. Consultant shall prepare plans at 1 inch = 40 feet horizontal scale and 1 inch = 4 feet vertical scale. California Coordinate System grid ticks shall be located on the plans and labeled. Consultant shall provide a benchmark description and basis of bearing for the project control survey, which will be shown on the construction drawings. Construction drawings shall include adequate details for pipeline connections to existing pipelines, including valves as appropriate. Pipeline plan and profile drawings shall be prepared using AutoCAD with SoftDesk COGO, DTM, and Design Modules as needed for design. Digital drawing format shall be compatible with City of Carlsbad software and AutoCAD and GIS Standards. CMWD will provide Consultant with most recent title block. Given the traffic along stretches of the project, Consultant shall evaluate means to minimize impacts to traffic, such as a pipeline alignment as close as possible to edge of sidewalk. Consultant shall prepare a detailed construction cost estimate that represents the best estimate of the fair and reasonable price expected for each of the items of work to be performed as of the mid-point of construction. The preliminary design report construction cost estimate will be updated at each subsequent design submittal for design changes and advancements and will be included in the design submittal TM. The construction cost estimates will clearly distinguish the cost for the recycled water work, and the additional cost for the water work and cost estimate line items will align with the proposed bid form. A SWPPP performance specification will be prepared as part of the final design. Contract Specifications Consultant shall prepare contract technical specifications (Divisions 1 through 16) to supplement the CMWD Standard Specifications. The complete package will include Notice Inviting Bids, bid proposal, contract agreement, insurance, bid schedules, the detailed technical specifications, SWPPP requirements, erosion control, bond forms, CMWD's general provisions, special provisions, requirements for contractor to supply information to CMWD's asset management program, and reference to standard specifications. CMWD will provide Consultant the front end documents and the general provisions for red-line markup. The Consultant shall provide a description of the work for each bid item developed by the Consultant in the bid sheet. The descriptions may be included in the General Provisions. Consultant shall include provisions in the Notice Inviting Bids and bid proposal to include State of California Water Resource Control Board Recycled Water Funding (SRF) Loan Boilerplate and minority outreach requirements. 13 Item #15 January 24, 2017 Page 31 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) The bid form will clearly distinguish the recycled water work that will be eligible for funding from the water main replacement, which is not eligible. The bid form will clearly delineate the cost for the recycled water work, and the cost for the additional water work, such that the money spent on each is very clear. Consultant shall incorporate language that contractor will be required to maintain an asset management log, similar to record drawings. The specifications shall require that an updated asset management log be provided at every construction progress meeting and that updated record drawings shall also be made available for review at each monthly progress meeting. Consultant shall describe in specifications that contractor will be required to have both reviewed monthly as a condition of payment. Funding Requirements Construction drawings and specifications shall include all requirements of the SRF funding and CEQA Plus for recycled water: 1. MMRP, including Appendix A and cultural monitoring 2. Davis-Bacon 3. SRF sign 4. Iron and steel 5. DBE Using the templates developed in the past, Kennedy/Jenks will prepare an attachment to the specifications package that specifically covers funding requirements ("Funding Attachment"). Kennedy/Jenks will review the Carlsbad SRF Agreement and amendments for the Phase Ill Recycled Water Project and tailor the Funding Attachment as needed. Design Packages For each of the design milestones during final design, Consultant shall: 1. Incorporate comments from the previous design milestone. 2. Deliver five half size and two full size sets of drawings, as well as pdf files. Deliver pdf for specifications. Native files for drawings (AutoCAD) and specifications (word) files shall also be submitted at the final milestone. 3. Submit design Tech Memo with: a. Cost estimate b. Calculations c. Key decisions made d. Key decisions or information needed e. Responses to comments received at the previous design milestone f. Responses and documentation of any significant changes from the previous milestone. 4. Assume a two-week review period for CMWD. 5. Present design with staff approximately one week into the two-week review period at next Progress Meeting (Progress Meetings seeped under Subtask 5.3) to generate discussion. If needed, coordinate with CMWD project manager to re-schedule Progress Meeting to better align with design milestones, or utilize one of the "As-Needed" Meetings (also seeped under Subtask 5.3). CMWD review comments would then be returned after the two-week period. 6. At next Progress Meeting (approximately three weeks after review comments are returned), review any comments that require additional clarification or more discussion. 14 Item #15 January 24, 2017 Page 32 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Subtask 3.1 60% Design (Recycled Water) Design package shalt be submitted at the 60% complete level. The final design submittals are anticipated to include the following list of drawings*: Sheet# Title 1 Title Sheet 2 Symbols, Legend, and Abbreviations 3 s 4 -6 Civil Details 1 - 3 7 -41 Recycled Water Plan and Profile 1 -35 *Traffic Control Plans are included in Subtask 3.5 and Potable Water drawings are included in Subtask 3.8 At 60% design meeting, provide estimated construction duration, as well as recommendations for construction sequencing and work limits, such as laydown areas, notification requirements for cultural/biological monitoring, construction in front of schools and other seasonal sites (holiday shopping, summer tourism, etc.), working hours along El Camino, etc. The City has had significant work along El Camino Real between Cannon and Chestnut in recent years and may prefer construction to begin as far from those locations as possible. CMWD's construction management team will participate in the 60% review meeting to provide feedback. Subtask 3.2 90% Design (Recycled Water) Design package shall be submitted at the 90% complete level. An asset management table for the new recycled piping and valves, in Excel format provided by City, will be submitted. CMWD's asset manager or representative will participate in the review meeting to provide feedback on any additional requirements to incorporate into contract requirements to get assets properly recorded. Subtask 3.3 100% Design (Recycled Water) Design package shall be submitted at the 100% complete level. Subtask 3.41ssued for Bid Design package shall be submitted at the Issued for Bid complete level, ready for advertising. Consultant shalt sign and stamp all construction drawings. All signatures shall be completed electronically and incorporated into the pdf set to be issued for bid, including signatures for CMWD staff. Upon approval of final contract documents, Consultant shall furnish CMWD with approved drawings for advertising. Subtask 3.5 Traffic Control Plans For work along El Camino Real (Chestnut Avenue to Haymar Drive}, Consultant shall prepare traffic control plans that meet City of Carlsbad requirements to include in the documents to be bid. Consultant shall coordinate with emergency services. Traffic control shall maintain reasonable access to private and commercial driveways and shall consider pedestrians and bicyclists, especially for routes to schools. Consultant assumes 17 stages of traffic control to construct the 8,000 If of recycled water pipeline along 15 Item #15 January 24, 2017 Page 33 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) this corridor from Chestnut Avenue to Haymar Drive. Consultant assumes that each signalized intersection will need approximately 3 stages of traffic control in order to safely and efficiently construct the recycled water line across the intersection. El Camino Real has five affected signalized intersections including Chestnut Avenue, Carlsbad Village Drive, Hasp Way, Marron Road, and Plaza Drive. Outside of the intersections, the alignment of the recycled water line will determine the remaining construction stages. Consultant will work with the team to minimize the number of changes in traffic control along the alignment and aim to identify solutions to minimize traffic impacts along the corridor. Traffic control plans will be prepared for the pipeline on Cannon from Avenida Encinitas to Carlsbad Blvd. This section will be 2 traffic control stages (one for the Railroad area, and one for the work west of the railroad.) This work assumes that no railroad R/W entry permit nor Caltrans permit will be necessary. Depending on the location on of the recycled waterline trench, a Caltrans ROW access permit may be required for advance warning sign placement at El Camino Real and Highway 78 or along Cannon Rd at the 1-5 during construction. A Caltrans Encroachment Permit for One of these locations has been listed as a future authorization task under Subtask 3.6.1. For the remainder of the work off El Camino Real, and potentially off Tamarack and Marron, it is planned that the construction contractor would prepare any required traffic control plans using the City of Carlsbad requirements. Consultant shall verify basic requirements with City of Carlsbad for inclusion in the project specifications. The basic standard used for traffic control design will be the latest edition of the Caltrans Manual of Traffic Controls in Construction and Maintenance Work Zones. For those areas not addressed by the Caltrans Manual, the following standards will be referenced: San Diego's Regional Standard Drawings, City of Carlsbad Policies, and the latest edition of the Manual on Uniform Traffic Control Devices. It is anticipated that the location of the pipeline during the earlier stages of design will be undetermined and will shift as part of the design process. As even minor shifts in the pipeline alignment affect the location, limits and design of the traffic control plans, we have assumed that the traffic control plans will not be prepared until the location of the pipeline is set. In our experience this typically occurs by 90% design. Therefore, when the approach to traffic control concept (Task 2) is approved by the City and the intersection improvement plans are at 90% design, Consultant will prepare the 90% traffic control plan. We anticipate submitting traffic control plans with the 90%, 100% and final plan submittals. Consultant will meet with the City reviewer to discuss comments in order to streamline the review and resubmittal process. Subtask 3.5.1 Tamarack and Marron Traffic Control Plans (Future Authorization) In addition, as Subtasks for Future Authorization, traffic control plans may be required for work along the following segments depending upon the final selected pipeline alignment: • Tamarack Avenue (High Ridge Drive to Edinburgh Drive)-Sub-Segment 5-1 • Marron Road (Jefferson Street to Avenida de Anita)-Sub-Segment 5-3 These two segments are potential high impact locations serving as local collector roadways, access to retail centers, or major arterials carrying significant traffic through the City. Assumptions for traffic control for each ofthese corridors is provided below: 16 Item #15 January 24, 2017 Page 34 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) • Tamarack Avenue: Consultant assumes 5 stages of traffic control to construct the 9,000 If of recycled water pipeline along this corridor from High Ridge Drive to Kirkwall Avenue. The only signalized intersection along this segment is the intersection of Tamarack Avenue and El Camino Real, which will likely require a minimum of three stages to cross the intersection. Outside of the intersection, the alignment of the water line will determine the remaining construction stages. There are several unsignalized intersections that provide access to residential neighborhoods that will need to be maintained both east and west of El Camino Real. Consultant will work with the team to minimize the number of changes in traffic control along the alignment, maintain access to the residential neighborhoods and aim to identify solutions to minimize bicycle, pedestrian and traffic impacts along the corridor. • Marron Road: Consultant assumes 8 stages of traffic control to construct the 5,200 If of recycled water pipeline extending from east of El Camino Real to just east of Jefferson Street. This stretch of roadway serves the local retail centers that take access both from El Camino Real and Jefferson Street. Consultant assumes that each intersection will need approximately 3 stages of traffic control for each signalized intersection in order to safely and efficiently construct the recycled water line across the intersection. Marron Road has 2 affected signalized intersections including Monroe Street and the Mall Driveway. Special considerations will need to be made through this segment to ensure access to the unsignalized retail driveways will also be maintained during construction. Consultant will work with the team to identify solutions to maintain access and minimize construction impacts. Subtask 3.6 Permitting Consultant shall determine jurisdictional boundaries of public agencies over and adjacent to the proposed pipeline alignment. Consultant shall identify regulatory agencies, permits, fees, and anticipated lead times for permit issuance. Consultant shall prepare all required encroachment permit applications and submit it to the agencies and the City will process the necessary checks to cover the cost of permits and review fees by the various permitting agency. Permits shall be coordinated with the following agencies including, but not limited to: 1. City of Carlsbad 2. Resource Agencies (no permit is anticipated; however CMWD has adopted a Mitigated Negative Declaration EIA 12-02 for this project. CMWD has incorporated numerous project design features and construction measures into the project design that are included in an effort to reduce the potential for environmental effects. The project design feature and construction measures are provided in reference documents.) 3. To complete Segment 2, Consultant shall initiate permit process with NCTD by submitting draft work plan and 90% design set. Consultant shall then require the selected contractor to complete the process. Consultant shall identify requirements regarding permits to be obtained by the contractor. Additional permits to be obtained by the contractor may be required for construction activities including, but not limited to: shoring, discharge of groundwater, well-point installations, handling regulated waste, offsite material storage, grading outside of right-of-way and blasting. It is assumed that CMWD will perform any tasks associated with the Coastal Development Permit. 17 Item #15 January 24, 2017 Page 35 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Subtask 3.6.1 Caltrans Encroachment Permit (Future Authorization) If any elements of the traffic control along El Camino Real or at Cannon Road are required to be within the Caltrans ROW, then an encroachment permit will be required from Caltrans. Our team has determined that this scenario can likely be avoided by: 1. Placing the pipe in the eastern most northbound lane of El Camino Real near the intersection with Haymar Drive, which will enable the traffic control to be staged south of the Caltrans ROW. 2. Placing the pipe in the east bound side of Cannon so that the traffic control can be staged west of Avenida Encinas and kept outside of the Caltrans ROW. The final determination for this permit requirement will be made once the alignment is finalized, although our initial prognosis is that it can be avoided. Sub task 3. 7 Segment 7 Loop Final Design (Future Authorization) If a CEQA Plus amendment has to be completed, CMWD will close the loop on Segment 7 in this project and will therefore require final design for that section. With written approval from CMWD, include the Segment 7 loop in all prior Final Design subtasks. Subtask 3.8 60% Design (Potable Water) Consultant shall include the potable water pipeline replacements and demolitions, as defined in the Project Description of this Scope of Work, and in prior Subtask 3.1. This subtask includes additional specifications, drawings (six additional sheets), Engineer's opinion of probable construction cost and an asset management table for the water pipelines and valves. It is assumed that the recycled water pipelines and potable water pipeline replacements and demolitions will be combined in a single bid package. Sheet# Title 42 Water Plan and Profile (Flower Fields) 43 Water Plan and Profile (Flower Fields) 44 Water Plan and Profile (Palisades) 45 Water Plan and Profile (Palisades) 46 Water Plan and Profile (Palisades) 47 Water Details and Connections It is also assumed that CMWD will be responsible for coordinating with the Flower Fields development and Palisades HOA for gaining access to these properties in order to complete the scope of work in these areas. Subtask 3.9 90% Design (Potable Water) Design package shall be submitted at the 90% complete level, and tasks completed similar to Subtask 3.2. Subtask 3.10 100% Design (Potable Water) Design package shall be submitted at the 100% complete level. 18 Item #15 January 24, 2017 Page 36 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Task 4 Additional Engineering Design Services through Project Completion Subtask 4.1 Bid Phase In response to CMWD requests, provide support services that may encompass one or more of the following during the bid phase: 1. Respond to Requests for Clarification: Respond to requests from CMWD for clarification, in writing. 2. Addendum Preparation: Provide input to assist with CMWD's preparation and issuance of addenda. Our proposal assumes two (2) addenda will be issued during bidding. 3. Attend pre-bid meeting and site visit Subtask 4.2 Construction Phase In response to CMWD requests, provide additional support services on a time and materials basis that may encompasses the following: • Attend pre-construction meeting • Attend relevant project coordination meetings during construction (assume total of 10 meetings). • Review design-related submittals and shop drawings received from CMWD for conformance with contract documents. Provide written response noting exceptions and/or comments within ten (10) working days. Up to 20 (twenty) reviews on submittals or re-submittals are estimated. • Provide responses to design-related RFis received from the CMWD within five (5) working days. Submit responses electronically via e-mail or memorandum (PDF) as appropriate. Up to 10 RFis are estimated. • Have a certified QSD review the contractor's SWPPP document • At each progress meeting, review the following with CMWD Project Manager and Construction Manager: o Contractor's progress red-line mark-ups at each construction meeting as condition of application for payment. o Contractor's progress red-line mark-ups on asset management records. • Prepare record drawings based on redline mark-ups from contractor and submit digital files (PDF and AutoCAD files). • Prepare record asset management data based on red-line mark-ups from contractor. Review against record drawings for thoroughness and accuracy. Submit digital files. Subtask 4.3 Construction Phase (Potable Water) Consultant shall provide additional support services for the potable water pipeline replacements and demolitions on a time and materials basis. This subtask includes additional submittal and shop drawing reviews (up to three additional submittals/shop drawings), responses to RFis (up to two additional RFis), record drawings and preparation of record asset management data. Task 5 Project Management Subtask 5.1 Project Management Consultant shall provide general project management functions for these tasks, including design subconsultant management/coordination, preparing and maintaining design budgets, and submitting monthly invoices with progress report and budget summary of engineering services. During construction, a separate construction manager will oversee contractor. 19 Item #15 January 24, 2017 Page 37 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) Regular communications with CMWD will be facilitated through the Consultant's Project Manager and CMWD's Project Manager. Consultant's staff and other team members will be available to meet with CMWD personnel to discuss technical or administrative issues to keep the project on track. Proactive communication and project management will be key to this project. Project management will include a Quality Control/Quality Assurance Program to review the final preparation of the plans, specifications, and estimate. Subtask 5.2 Schedule Consultant shall prepare and manage a project schedule in MS Project (distributed in pdf format), showing all work activities organized by Task and subtask, meetings, and deadlines. Include review times by CMWD. It is anticipated that this project shall reach "Issued for Bid" design status within 12-14 months of receipt of Notice to Proceed. Include a few line items estimating construction schedule to help team plan for when pipeline will be operable, such as advertising (assume 3 months), contracting (assume 3 months), and construction duration (Consultant to provide reasonable estimate). For SRF funding, the funding application anticipated that Segment 5 would be operable in 2019. The schedule shall be considered a living document, and Consultant shall be provided at the kick-off meeting and then updated and provided at each subsequent monthly Progress Meeting. Key assumptions to keep the project on schedule include: • Permitting agencies complete their reviews and provide comments in a timely manner as outlined in schedule. • Potholing will be performed after utility research and alignment refinement. • CMWD completes all reviews in 10 business days. • The inclusion and Future Authorization of Segment 7 and CEQA Plus Amendment is determined by the time the Feasibility TM is finalized. • The Cannon Rd NCTD railroad crossing survey and design can be accelerated in order to keep permitting on schedule. • This schedule assumes Task 1 (Refine Demands and Alignment) and Task 2 (Preliminary Design) occur simultaneously. The predesign will begin to be developed with CMWD approval for the confirmed alignment segments first, while other portions of the alignment and customers are being finalized. Subtask 5.3 Meetings Upon receipt of Notice to Proceed, schedule a project "Kick-Off' Meeting to occur within 2 weeks. This meeting should include representatives from, but not be limited to, CMWD staff (possibly including asset manager and CM&I representative), Consultant, and subconsultants. The primary objective is to establish project protocol, finalize the project schedule, set times for future meetings, identify key technical issues, and identify key timeframes where staff will provide review. Consultant shall conduct the following meetings in person and shall prepare meeting agenda/materials and meeting summary and action items for each. Provide draft agenda/materials at least 3 business days prior to each meeting. Provide meeting summary and action items for review within 7 business days. 1. Project Kick-Off Meeting, including the following materials: o Data request 20 Item #15 January 24, 2017 Page 38 of 39 SOW-PHASE Ill RECYCLED WATER PROJECT PIPELINE EXPANSION SEGMENT 5 (SUB-SEGMENTS 5-1 AND 5-3) o Schedule o Asset management specification (to be provided by CMWD) 2. Monthly Progress Meetings for the duration of the design phases of the project, covering the following: o Status of action items o Updated schedule o Material to be reviewed (such as proposed potholing, milestone reviews, etc.) o Information needed 3. Two "As-Needed" Meetings Note that some task specific meetings are also included under respective tasks, and some Progress Meetings will be used to review design packages or other design components. Wherever reviews or feedback is needed but Progress Meetings do not align well with the schedule, the "As-Needed" Meetings can be utilized. It is assumed: • Meetings will be held throughout the design phase of the project at CMWD offices, and will be attended by the Project Manager and Project Engineer. • We assume twelve (12) 2-hour meetings through design phase of the project, including a kick- off meeting, 9 monthly progress meetings, and 2 as-needed meetings. • Meeting agendas will be drafted in advance of each meeting and sent to the project team for input. The final agenda will be emailed out prior to the meeting as well as hard copies provided. • Draft meeting minutes and action items will be prepared and emailed to the team within three working days of the meeting. • Meeting minutes and action items will be finalized and emailed to the team for record after receiving comments. 21