Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NV5 Inc; 2016-04-11; UTIL1400
UTIL1400 General Counsel Approved Version 9/27/16 1 AMENDMENT NO. 3 TO AMEND THE AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE (NV5, INC.) This Amendment No. 3 is entered into and effective as of the _______ day of ______________________________, 2020, amending the agreement dated April 14, 2016 (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 NV5, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for landscape conceptual and design services for the recycled water storage reservoir at the D tank site. RECITALS A. On March 28, 2018, the Parties executed Amendment No. 1 to the Agreement to extend for a period of two (2) years; and B. On March 12, 2020, the Parties executed Amendment No. 2 to change the scope of work and extend the agreement for a period of 2 years; and C. 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 annual Agreement amount shall not exceed three hundred thirty-six thousand four hundred sixteen dollars ($336,416). 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 twenty-two thousand four hundred sixty-two dollars ($22,462). 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 April 13, 2022. 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. DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D December 21st UTIL1400 General Counsel Approved Version 9/27/16 2 6.The individuals executing this Amendment and the instruments referenced in it onbehalf 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 NV5, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: (sign here) Geoff Patnoe, Assistant Executive Manager as authorized by the Executive Manager Carmen Kasner, Regional Managing Director (print name/title) ATTEST: By: for Barbara Engleson, Secretary (sign here) (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: _____________________________ Assistant General Counsel DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D UTIL1400 General Counsel Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Please see attached contractor’s proposal for additional details. TASK GROUP TIME & MATERIALS Conceptual Landscape Design $7,190 Landscape Construction Documents and Specifications $13,138 Soil Analysis and Recommendations $1,802 Reimbursable Expenses $332 TOTAL (Not-to-Exceed) $22,462 DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D UTIL1400 General Counsel Approved Version 9/27/16 4 EXHIBIT “A” (CONTINUED) CONTRACTOR’S PROPOSAL DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D 15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.385.0400 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL September 24, 2020 Mr. Stephen Kash, PE Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Subject: Proposal for Landscape Conceptual and Design Services for Recycled Water Phase III: D-4 Reservoir Dear Stephen: NV5, Inc. (NV5) is pleased to submit this proposal to Carlsbad Municipal Water District (District) to provide landscaping design services in support of the application for a Conditional Use Permit (CUP) amendment and construction of the D Tank Site. The CUP amendment is required as part of the proposed D-4 recycled water reservoir construction, including the design and installation of landscaping to minimize visual impacts to adjacent residential properties. This proposal covers the effort required to assist the District in preparing the CUP amendment submittal package and construction documents, including the following items: - Conceptual landscaping plan in accordance with the City’s Landscape Manual (dated February 2016), including a conceptual planting plan, plant matrix, and water calculation. - Construction documents to include in the improvements plans including irrigation plans, planting plans, supporting MWELO calculations, and technical specifications. This proposal is broken down into three sections: 1. Scope of Services 2. Assumptions and Exclusions 3. Proposed Compensation If the enclosed proposal meets with your approval, please provide us with a task order for additional services under the terms and conditions of our existing agreement with the District, dated April 14, 2016. This proposal is good for 90 days. We appreciate the opportunity to provide this proposal and look forward to working with you. Please feel free to call me at (858) 385-2184 if you have any questions. Sincerely, NV5, Inc. Julian Palacios, PE Michael Smyth, RLA Senior Project Manager Landscape Architect P27520-0005625.00 DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D September 21, 2020 Page 2 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Scope of Services The District is preparing an amendment to the Conditional Use Permit (CUP) of the D Tank Site for construction of the proposed D-4 recycled water tank. After project review by the City’s Planning Division of the Development Services Department, it was determined that an amendment to the site’s CUP was required. NV5 will assist the City by preparing a conceptual landscaping plan to include in the CUP amendment package based on the requirements of the City’s Landscape Design Manual. After approval of the conceptual landscaping plan, NV5 will prepare construction documents of the proposed landscaping and irrigation plan to incorporate into the D-4 tank construction plans and specifications. NV5 will complete the following tasks: Task 1.1 Landscape Architecture Conceptual Design The Landscape Conceptual Plan set scope of work will include a review of the City Landscape Manual and other standards, a conceptual planting plan with a material schedule and notes; a conceptual water conservation plan including a ‘Hydrozone’ diagram, Maximum Applied Water Allowance and preliminary Estimated Total Water Use calculations. Task 1.2 Landscape Architecture Construction Documents The Landscape Architecture Construction Documents (CD) scope of work will include planting plans for all disturbed areas, irrigation plans and supporting MWELO calculations, technical specifications, and assistance with the Soil Analysis Report as required by the City of Carlsbad for permit and are suitable for commercial construction. Planting design will use native, drought-tolerant plants. The Irrigation design will be in accordance with California MWELO requirements. Because the irrigation design revises a previously approved reclaimed water system, NV5 will prepare a submittal to and review by the County of San Diego DEH. The scope of work will include 100% complete plan sheets at 20-scale, or similar. Services include responses to review comments from permitting jurisdictions, with plan revisions. Assume one (1) review cycle. Task 1.3 Soils Analysis and Recommendations Prepare and submit a Soil Analysis Report as required by the City of Carlsbad Landscape Manual. Assumptions and Exclusions A. NV5 will utilize mapping from the proposed tank improvements design to prepare the conceptual landscaping plan and construction documents.. B. District will prepare CUP amendment package, NV5 will provide information per the above scope of services. DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D September 21, 2020 Page 3 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Proposed Compensation We propose to perform the above services on a time and material not to exceed fee of $22,462. The breakdown of this fee is provided below and in the following page: Breakdown of Total Fee Task 1.1 Conceptual Design ............................................................................................. $7,190 Task 1.2 Construction Documents and Specifications ................................................. $13,138 Task 1.3 Soil Analysis and Recommendations ................................................................ $1,802 Reimbursable Expenses .......................................................................................................... $332 Total Fee: $22,462 If the enclosed proposal meets with your approval, please provide us with a Task Order Authorization under the terms and conditions of our existing Professional Services Agreement dated April 14, 2016. This proposal is valid for 90 days. DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D September 21, 2020 Page 4 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL 24-Sep-20 Mike S Jon C Stefan G Kylee S Lori M City of Carlsbad D Reservoir Improvements Project Sr. LA LA LD Admin Analyst Sub Item Task Task Description $140.10 $117.70 $78.34 $65.28 $116.51 Total Totals 1.00 Conceptual Design 1.01 Research Landscape Manual and City Standards 2 4 4 1 2 13 $1,362.66 1.02 Conceptual Landscape Plan, Material Schedule, and Notes (2 Shts)4 16 6 0 0 26 $2,913.64 1.03 Conceptual Water Conservation Plan w/ MAWA and ETWU Data (2 Shts)4 16 6 0 0 26 $2,913.64 1.04 Conceptual Fire Protection Plan (not required)0 0 0 0 0 0 $0.00 1.05 Conceptual Maintenance Responsibility Exhibit (not required)0 0 0 0 0 0 $0.00 1.05 Task Total Budget:10 36 16 1 2 65 $7,190 2.00 Construction Documents and Reviews 2.01 WELO Documentation (Memo)2 10 0 0 0 12 $1,457.20 3.02 Final Planting Plan, Material Schedule, Details and Specs 6 32 8 1 1 48 $5,415.51 3.03 Final Irrigation Plan, Schedule, Details and Specs 4 28 6 0 0 38 $4,326.04 3.04 City DEH Submittal and Review 6 8 2 0 0 16 $1,938.88 3.05 Task Total Budget:12 70 14 1 1 114 $13,138 3.00 Soil Analysis Report and Recommendations 3.01 Obtain Soil Samples and Coord. w/ Lab (NV5 San Diego)0 4 0 0 0 4 $470.80 3.02 Prepare and Submit Soil Analysis Report and Recommendations 4 4 0 0 0 8 $1,031.20 3.03 Lab Analysis - Expense $300.00 3.03 Task Total Budget:0 4 0 0 0 4 $1,802 Project Labor Totals:22 106 30 2 3 179 22,130$ Project Reimbursable Expense Total 1.5%$332 Total Project Labor and Reimbursable Expenses $22,462 DocuSign Envelope ID: 6745C741-4CB1-4911-B330-499CA5C5B24D The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4/25/2020 Cavignac & Associates450 B Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Valley Forge Insurance Company 20508 NV5INC0-01 Continental Casualty Co.20443NV5, Inc.200 South Park Road, Suite #350Hollywood, FL 33021 Continental Insurance Company 35289 National Fire Ins. Hartford 20478 Berkley Insurance Company 32603 6917285 A X 1,000,000 X 1,000,000 X Cross Liab 15,000 X SeverofIntrst 1,000,000 2,000,000 X Y 6057040530 5/1/2020 5/1/2021 2,000,000 Deductible 0 B 1,000,000 X 6057040575 5/1/2020 5/1/2021 C X X 20,000,000 0 CUE6076054554 X 20,000,000 5/1/2020 5/1/2021 D N Y WC657040561 5/1/2020 5/1/2021 X 1,000,000 1,000,000 1,000,000 E Professional Liability AEC903639504 5/1/2020 5/1/2021 Each ClaimAggregate $10,000,000$20,000,000 Re: Agreement Number : PSA20-1076TRAN. Agreement Name : Revetment Surveying Services. Additional Insured coverage applies to General Liability forCity of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form overunderlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claimsmade form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment ofpremium they will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 Blanket Additional Insured - Owners, Lessees orContractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are requiredbywritten contract to add as an additional insured on this coverage part, but only with respect to liability forbodily injury, property damage or personal and advertising injury caused in whole or in part by your acts oromissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury orproperty damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; or B.additional insured coverage with “arising out of” language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will notprovide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, propertydamage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on anotherendorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amendedto add the following, which supersedes any provision to the contrary in this Condition or elsewhere in thiscoverage part: Primary and Noncontributory Insurance Policy No: 6057040530 Effective Date: 05/01/20 CNA75079XX (10-16)Page 1 of 2 Insured Name:NV5 Global, IncCopyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees orContractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERALLIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the additionof the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition: Written contract means a written contract or written agreement that requires you to make a person ororganization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy No: 6057040530 Effective Date: 05/01/20 CNA75079XX (10-16)Page 2 of 2 Insured Name:NV5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Policy No: 6057040530 Policy No: 6057040530; 6057040575 CUE6076054554 Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2020 © Copyright CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS &IVOPI]-RWYVERGI'SQTER]4EKISJ ;LIRIZIVTVMRXIHMRXLMW)RHSVWIQIRXXLIFSPHJEGIX]TIXIVQWWLEPPLEZIXLIWEQIQIERMRKWEWMRHMGEXIHMRXLI4SPMG]*SVQ%PPSXLIVTVSZMWMSRWSJ XLI4SPMG]VIQEMRYRGLERKIH -RWYVIH 2:+PSFEP-RG Policy Number AEC903639504 %YXLSVM^IH6ITVIWIRXEXMZI)JJIGXMZI(EXISJ8LMW)RHSVWIQIRX 05/01/2020 &(4 4SPMG]*SVQ &(4 Policy No: 657040558; 657040561 Form No: CC68021A (02-2013) Endorsement Effective Date: 05/01/2020 © CNA All Rights Reserved. It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS WC657040561 Policy No. WC657040561 05/01/2020 Policy No. WC65704056105/01/2020 Policy No. WC65704056105/01/2020 AMENDMENT NO. 2 TO EXTEND AND AMEND THE AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE (NV5, INC.) UTIL 1400 is Am ndment No. 2 is entered into and effective as of the JJ.-th day of _...!........___.J.1,,Q,,~----'---' 2020, extending and amending the agreement dated April 14, 2016, (the "A reement") 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 NV5, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for Conditional Use Permit application processes engineering services in regard to Recycled Water Phase Ill: D-4 Reservoir. RECITALS A. On March 28, 2018, the Parties executed Amendment No. 1 to the Agreement for engineering design services for the recycled water storage reservoir at the D Tank site; and B. The Parties desire to alter the Agreement's scope of work for engineering service in regard to the Conditional Use Permit application processes for the Recycled Water Phase Ill, D-4 Reservoir to extend and fund the Agreement for a period of two years; 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 Agreement amount shall not exceed three hundred thirteen thousand nine hundred and fifty-four dollars ($313,954). 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 twenty-six thousand, eight hundred dollars ($26,800). 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 April 13, 2022. 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. General Counsel Approved Version 1 /30/13 March 10, 2020 Item #4 Page 6 of 14 UTIL 1400 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 NVS, Inc., a California corporation (sign here) Carmen Kasner, Regional Managing Director (print name/title) By.~ MaryJo O'Brien, Corporate Secretary (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: ATTEST: ( ~D-M&R2rLmAWJ ~rbara 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 General Counsel Approved Version 1 /30/13 2 March 10, 2020 Item #4 Page 7 of 14 CORPORA TE AUTHORIZATION RESOLUTION I, Mary Jo O'Brien, Corporate Secretary and Executive Vice President of NV5, l,nc. (The "Corporation") hereby certifies that: the Corporation is duly organized and existing under the laws of the State of California and the following is true, accurate and complete transcript of a resolution contained in the minute book of the Board ofDirectors of said Corporation duly held, at which meeting there was present and acting throughout a quorum authorized to transact business hereinafter described, and that the proceedings of said meeting were in accordance with the charter and by-laws of said Corporation and that said resolutions have not been amended or revoked and are in full force and effect: Resolved, that Carmen Kasner, PE, Regional Managing Director, be and is hereby authorized and empowered to sign any and all contracts and documents on behalf of said Corporation, and to take such steps, and do such other acts and things, as in his judgment may be necessary, appropriate or desirable in connection with any proposal submitted to, or any contract entered into with the City of Carlsbad. Resolved, that any and all transactions by and of the officers of representatives of the Corporation, in its name and for its account, with the City of Carlsbad, prior to the adoption of these resolutions be, and they are hereby, ratified and approved for all purposes. Witness my hand and seal of the Corporation this July 1, 2019. M ry Jo O'Brien Corporate Secretary and Executive Vice President March 10, 2020 Item #4 Page 8 of 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California C' -". County of ,., )u v1 U I f § 0 On fe\o. 7. JQJ.O before me, f\:rn zt ::::i+o,0?M I Nc\c"--f~ -Y~.10 I,(__ ' Date Here Insert ~me and Titk the Officer personally appeared Cctv vY\Q,. 1 ISc\~Y\Lif OcVi(t n10, r~ }a c,\ 2>c 1 -9 v\... Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AMY C. STOREY Notary Public -California San Diego County Commission # 2183394 My Comm. Expires Mar 9, 2021 z z ► Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ::::~: :1:nd officiW sew. ----------------opnoNAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D9_cument . C. ~ f · /'t,=jy-Q.,.,-,,, .. h .. 1.--~'v-D rw\ . -\+ -<. Title or Type of DocumentlG r IS ):::c. aJ. \\J \J{) 1 c ( ~-)c \ vJ Document Date: -x / 7/ J... o Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 11 Corporate Officer -Title(s): ______ _ l l Corporate Officer -Title(s): ______ _ : 7 Partner -□ Limited □ General □ Partner -[J Limited LJ General U Individual rJ Attorney in Fact L -1 Individual CJ Attorney in Fact □ Trustee □ Guardian or Conservator r-J Trustee II Guardian or Conservator I] Other: _____________ _ I] Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 March 10, 2020 Item #4 Page 9 of 14 EXHIBIT "A" SCOPE OF SERVICES UTIL 1400 General Counsel Approved Version 1/30/13 3 March 10, 2020 Item #4 Page 10 of 14 NVS January 14, 2020 Mr. Mark Biskup, PE Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Subject: Proposal for Civil Engineering Services for Recycled Water Phase Ill: D-4 Reservoir Conditional Use Permit MSistance Dear Mark: EXHIBIT A NV5, Inc. (NV5) is pleased to submit this proposal to Carlsbad Municipal Water District (District) to provide assistance to prepare an application for a Conditional Use Permit (CUP) amendment for the D Tank Site. The CUP amendment application is required as part of the proposed D-4 recycled water reservoir construction. The CUP amendment is required to enable future issuance of a Development Services Permit for the proposed D-4 recycled water tank. This proposal covers the effort required to assist the District in preparing the submittal package, including the following items required on Development Permits Form P-2: Site Plan including two reservoir site parcels and adjacent neighboring parcels, roads, addresses, APNs, north arrow, and planting plan. Grading information including earthwork volumes. Drainage information including a hydrology study, BMPs and drainage volumes. Architectural rendering exhibit(s). This proposal is broken down into four sections: 1. Scope of Services 2. Assumptions and Exclusions 3. Proposed Compensation If the enclosed proposal meets with your approval, please provide us with a task order for additional services under the terms and conditions of our existing agreement with the District, dated April 14, 2016. This proposal is good for 90 days. We appreciate the opportunity to provide this proposal and look forward to working with you. Please feel free to call me at (858) 385-2184 if you have any questions. Sincerely, Julian · s, PE Senior oject Manager P27519-0008292.00 ~~ \G:tr-J- Steven G¥nados, PE Senior Engineer 15092 Avenue of Science, Suite 200 I San Diego, CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.0400 CONSTRUCTION QUALITY ASSURANCE -INFRASTRUCTURE ENERGY · PROGRAM MANAGEMENT ENVIRONMENTAL March 10, 2020 Item #4 Page 11 of 14 January 14, 2020 Page 2 Scope of Services The District is preparing an amendment to the Conditional Use Permit (CUP) of the D Tank Site for construction of the proposed D-4 recycled water tank. After project review by the City's Planning Division of the Development Services Department, it was determined that an amendment to the site's CUP was required. NV5 will assist the City by preparing a site plan, a basic planting plan, and tank elevation renderings to include in the CUP amendment package based on the requirements of the Development Permits P-2 checklist. NV5 will complete the following tasks: Task 1.1 Task 1.2 Task 1.3 Site Plan NV5 will prepare a site plan meeting requirements of the City's Development Permits P-2 checklist. The site plan will use NV5's aerial topography prepared during the project's predesign phase as a base map. The site plan will include: • Property lines with bearings and distances, site acreage, address, APN and owner name, north arrow and scale. • Existing site improvements, structures and equipment (tanks, pump station building, contours, equipment, existing utilities). • Vicinity map showing adjacent streets and cross streets. • Existing and planned land use, and legal description. • Proposed improvements, grading volumes (import and export), proposed utilities. • Basic planting plan for screening of the proposed tank from residential properties to the south. NV5 will prepare a draft of the site plan for District's review. NV5 will revise the site plan draft based on District's comments and prepare a final site plan to include in the CUP amendment submittal package. NV5 will provide the draft and final site plan in electronic .pdf format. Proposed Tank Renderings NV5 will conduct a site visit with the District to determine view angles for preparing photo renderings of the proposed tank and screening trees. NV5 will take photographs from the view angles directed by the District. NV5 will utilize the photographs to prepare a rendering of the proposed tank and screening trees to simulate the view from the properties just south of the D tank site. NV5 will prepare up to three (3) renderings from different angles. NV5 will prepare draft renderings for review by the District. NV5 will revise the renderings based on District comments and prepare final renderings to include in the CUP amendment package. NV5 will provide the draft and final renderings in electronic .pdf format. Permitting Assistance NV5 will provide permitting assistance as requested by the District's Project Manager, including compiling information prepared for the design of the proposed tank such as the geotechnical investigation, Storm Water Quality Management Plan, hydrology study, Storm Water Standards Questionnaire (Form E-34). Additional assistance will be provided as directed by the District's Project Manager based on comments on the CUP amendment package from the City's Development Services N VIS CONSTRUCTION QUALITY ASSURANCE · INFRASTRUCTURE · ENERGY · PROGRAM MANAGEMENT ENVIRONMENTC\L March 10, 2020 Item #4 Page 12 of 14 January 14, 2020 Page 3 Department. NV5 has allocated 12 hours of Project Manager and 24 hours of Senior Engineer time for this task. Assumptions and Exclusions A. NV5 will utilize mapping from the proposed tank improvements design to prepare the CUP amendment site plan. B. Detailed landscaping and irrigation plans are not included. C. District will prepare CUP amendment package, NV5 will provide information per the above scope of services. NV5 will provide additional permitting assistance per Task 1.3, if required. D. Public outreach services are excluded. Proposed Compensation We propose to perform the above services on a time and material not to exceed fee of $26,800. The breakdown of this fee is provided below: Breakdown of Total Fee Task 1.1 Site Plan .............................................................................................................. $9,700 Task 1.2 Proposed Tank Rendering (1 rendering) ........................................................... $5,300 Task 1.2 Optional Additional Tank Renderings (2 total, $3,000 each) .......................... $6,000 Task 1.3 Permitting Assistance ......................................................................................... $5,800 Total Fee: $26,800 If the enclosed proposal meets with your approval, please provide us with a Task Order Authorization under the terms and conditions of our existing Professional Services Agreement dated April 14, 2016. This proposal is valid for 90 days. N VIS CONSTRUCTION QUALITY ASSURANCE INFRASTRUCTURE ENERGY · PROGRAM MANAGEMENT ENVIRONMENTAL March 10, 2020 Item #4 Page 13 of 14 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/15/2019 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 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 ~~:i~cT Certificate Department Cavignac & Associates r4~~N,.\=n i=vtl• 619-744-0574 I rie~ No): 619-234-8601 450 B Street, Suite 1800 ~t1D~~ss: certificates@cavianac.com San Diego CA 92101 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Valley ForQe Insurance Company 20508 INSURED NV5INC0-01 INSURER B: Continental Casualty Co. 20443 NV5, Inc. INSURER c : Continental Insurance Company 35289 15092 Avenue of Science, Suite 200 San Diego, CA 92128 INSURER D : National Fire Ins. Hartford 20478 INSURER E: Berkley Insurance Company 32603 INSURERF: COVERAGES CERTIFICATE NUMBER: 389228569 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR ,.,~n ,.n,n POLICY NUMBER IMM/DD/YYYYI !MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY y 6057040530 5/1/2019 5/1/2020 EACH OCCURRENCE $1,000,000 r--~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED r--PREMISES /Ea occurrence\ $1,000,000 X r--Cross Uab/Sevln MED EXP (Any one person) $15,000 ~ $0 Deductible PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: Stop Gap Liability $1,000,000 B AUTOMOBILE LIABILITY 6057040575 5/1/2019 5/1/2020 COMBINED SINGLE LIMIT $1000000 /Ea accident\ r--X ANY AUTO BODILY INJURY (Per person) $ I-ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS I-AUTOS NON-OWNED /ROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident\ --$ C X UMBRELLA LIAB M OCCUR CUE6076054554 5/1/2019 5/1/2020 EACH OCCURRENCE $20,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 ✓ OED I X I RETENTION$ n $ D WORKERS COMPENSATION y VVC:6057040558 5/1/2019 5/1/2020 XI ~\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [BJ NIA E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $1,000,000 ~m-:~fti~ ~/OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 E Professional/ Pollution Liability AEC902912003 5/1/2019 5/1/2020 Each Claim $10,000,000 Aggregate $20,000,000 ✓ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Agreement Number: CA1309, MA-Communications and Outreach Services I City. Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CNA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Page 1 of 2 Insured Name: NV5 Global, Inc Policy No: 6 05 7 04 053 o Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Insured Name: NV5 Global, Inc. Policy No: 6057040530 Effective Date: 05/01/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Policy No: 6057040530 Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA I NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 XX (02-2013) Endorsement Effective Date: 05/01/2019 Policy No: 6057040530; 6057040575; CUE6076054554 '° Copyright CNA All Rights Reserved. Berkley Insurance Company Page 1 of 1 Notice of Cancellation to Certificate Holder(s) Endorsement In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, is amended by adding the following provision: In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s) with mailing addresses on file with the agent of record. This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives. Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. Insured NV5 Global Inc. Effective Date of This Endorsement 05/01/2019 12-BDP0713130 (07-13) I rebmuN yciloP AEC9029 l 2003 I Authorized Representative 26963-9020368-41058 Policy Form: BDP0417001 (04-17) CNA I NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021 A (02-2013) Endorsement Effective Date: 05/01/2019 © CNA All Rights Reserved. Policy No: 6057040558; 6057040561 Policy No. WC6057040558 CNA I BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One -Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE -Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-1916O-B (11-1997) Endorsement Effective Date: 05/01/2019 © Copyright CNA All Rights Reserved. Policy No: 6057040558 NVS Global, Inc., NVS, Inc. AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE NV5, INC. UTIL 1400 THIS AGREEMENT is made and entered into as of the /If~ day of ~~ , 2016, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public gency organized under the Mun1c1pal Water Act of 1911, and a Subs1d1ary D1stnct of the City of Carlsbad, ("CMWD"), and NV5, INC., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a professional engineering firm that is experienced in the design of storage reservoirs. B. Contractor has the necessary experience in providing professional services and advice related to the design of storage reservoirs. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be an amount not to exceed two hundred eighty seven thousand one hundred fifty four dollars ($287, 154). 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 (1 0%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version 4/2/15 1 UTIL 1400 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version 4/2/15 2 UTIL 1400 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. General Counsel Approved Version 4/2/15 3 UTIL 1400 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 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. General Counsel Approved Version 4/2/15 4 UTIL 1400 16. NOTICES. The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD Name Shadi Sami Title Senior Engineer Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone (760) 603-7350 For Contractor Name Rick St. John Title Project Manager Address 15092 Avenue of Science, Suite 200 San Diego, CA 92128 Phone E-mail (858) 385-2135 Rick.stjohn@NV5.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 resollve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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 General Counsel Approved Version 4/2/15 5 UTIL 1400 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 tee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMVVD 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 General Counsel Approved Version 4/2/15 6 UTIL 1400 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 /II Ill /II Ill Ill Ill Ill Ill Ill /II /II Ill /II /II /II General Counsel Approved Version 4/2/15 7 UTIL 1400 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 NV5, INC., a Callifornia corporation By:~ C1~ (sign here) Carmen Kasner I Regional Chief Executive (print name/title) By: ... MaryJo O'Brien I Corporate Secretary (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the Cit of Carlsbad By: 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 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 CALIFORNIA ALLEPURPOSE ACKNOWLEDGMENT CIVIl CODE § 1189 ~ State of California County of ::;] lr~i D·, e OyO • IJ ., (I ._, ll·. ,..., ('tiJJ · ~ \ r,-L,.~ On\\ \CgJCii! ~. · ld /before me, ___J,__L~~r---~c__::::~__,-c+-+_,.~=="'-l·\'-.::l='c-\1 1~~:"'--·,~~-J____::c'--""~.::-, Date " person ally ap pt3ared _(""_""';J""- 4 '-"'· _,_(--'L-"-+""----'"----'-----'~--'-=-'--"-':-C---"'7'-cS,---~"--'-"-"-'"-'-------'--'-'~-""~~;_;._'--"''---'~ Name(s) of Signer(s) 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 truthfulnes. accuracy, or validity of that document. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct OPTIONAL----~b-----~~------- "" Though the information below is not required by Jaw, it may prove valuable to persons relyin'{j on the document and could prevent fraudulent removal and reattachment of this form to another document. Description oi' Attached Document Title or Type of Document:C ,.~~'-'.·._._-\,~,,~{)'--'~-----"'~'-'-r_\""'·'='_, ___ t"""'-')(""':; ""c:'-':~'--.L_-'--":,.s;.L..O>""'---'LL~"'-'-'-------- Document Date: 3/ Q4 1-f /t lp Number of Pages: _____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Corporate Officer -Title(s): _______ _ 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ___ _ RI~HT 'llHQMBPRINil" ' " OR-SIGNER "' ' ' ' Top of thumb here Signer's Name: ____________ _ 0 Corporate Officer -Title(s): _______ _ 0 Individual ,RIGHT THIJMBPRINl;-; , OfSIGNER ' 0 Partner-0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ © 2010 National Notary Association· NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NVS,INC. CORPORATE RESOLUTION The undersigned, MaryJo O'Brien, does hereby certify, on behalf of NV5, Inc., a California corporation (the "Corporation"), that: 1) She is an officer of the Corporation and is duly authorized to respond on behalf of the Corporation; and 2) She is familiar with the corporate structure of the Corporation and its affiliates; 3) She is appointed as Secretary of the Corporation by NV5, Inc. 4) She is duly authorizing Carmen Kasner, Regional Chief Executive for NV5, Inc., to act on the behalf of the Corporation for the purpose of executing contracts with the City of Carlsbad up to a contract value of $500,000. IN WITNESS WHEREOF, the undersigned has affixed her signature this 21st day of March, 2016. NVS's estimate is based on the scope of services provided in the RFP, and the clarifications described below. NVS assumes that once the Preliminary Design is completed, the scope of services and fee estimate could be revised as appropriate based on the selected alternative. NVS's subconsultant, Recon Environmental, will conduct a review of the existing lYIND prepared as part of the Phase III Recycled Water Project, once a selected alternative (tank size and location) is approved by the District. It is anticipated that the proposed tank is covered under the existing lYIND and that no additional CEQA or CEQA-plus analysis will be required. For sizing of the proposed reclaimed water storage tank, NVS assumes the hydraulic model of the reclaimed water system will be provided hy the District in working order, and that pump and tank controls, demands, scenarios, and boundary conditions have been entered accurately. In addition, the District will provide information on: 1. Current reclaimed water supply agreements with other agencies, and anticipated revisions 2. Future changes in the reclaimed water supply to the D Tank Site pressure zone 3. Anticipated changes on major users for the D Tank Site pressure zone (golf courses, HOAs) 4. Information on historical reclaimed water demands for the D Tank Site pressure zone Since the size, material, configuration, geotechnical conditions, and location of the proposed tank will not be confirmed until the preliminary design is completed (30% design), NVS has assumed that a welded steel tank (1.5 to 3.0 MG size) will be the recommended alternative. NVS's structural design fee estimate includes calculations, plans, specifications and estimates for a ring wall foundation. Structural design of other structural elements such as retaining walls, vaults, or relocation of equipment or appurtenances are unknown and not included in the fee estimate. @Printed an paper made with I 00% past consumer fiber 17 Exhibit "A" NVS's fee estimate assumes that the recommended alternative will not require a 1·ecirculation pump station. Recirculation pumps would likely result in higher capital and O&M costs, energy costs, and would require additional electrical and controls design. A corrosivity assessment by NVS's subconsultant has been included in the preliminary design phase, whicl1 will include the proposed tank and yard piping. It is not anticipated that a passive corrosion protection system (sacrificial anodes) will be required for this project, therefore the design of a corrosion protection system has been included as an optional task. NVS's electrical and controls subconsultant, EPI Inc. (EPI), will provide design services to bring power, lighting improvements, and water level measurement for the proposed recycled water storage tank. It is anticipated that the proposed tank will float and be connected to the controls of the adjunct recycled tanks. A Stormwater Pollution Prevention Plan (SWPPP) may be required for this project if the project disturbs mote than one acre of soil. The S\WPP is required under the State's General Construction Permit for Stormwater Discharges, Order No. 2009-009-DWQ (GCP). NVS will prepare a S\X7PPP for the project based on the current CGP. The S\XIPPP will be prepared by a Qualified S\WPP Developer and will follow the California Stormwatet Quality Association (CASQA) template as a basis for preparing the S\XIPPP. The SWPPP text will include information on potential pollutants from the site as well as sampling and monitoring requirements during construction. The SWPPP will include Water Pollution Control Plans (\X!PCPs) that will document all Best Management Practices (BMPs) to be installed prior to the start of construction. B:MPs will typically include fiber rolls, storm drain inlet protection, silt fencing, slope stabilization, etc. The WPCPs will depict only a snapshot of the required BMPs at the start of construction. It will be the Qualified SWPPP Practitioner's (QSP's) responsibility to update the W'PCPs as construction progresses in order to maintain compliance. NVS's fee includes time to respond to one round of comments from the District. NVS will transmit all documents in .pdf format to the District and can work with the District to upload the necessary documents to the SMARTS website. The following are not included within NVS's scope of work and fees: fees associated with submitting and renewing the NOI, annual reporting to the Regional Board, inspections and sampling required by the SWPPP's Monitoring Program, preparing the Notice @Printed on paper made with I 00% post consumer fiber 18 of Termination and accompanying documentation, any changes made necessary by plan checks or _chang~s ~ site conditions (SWPPP Amendments), and soilmorutonng and/ or reporting. Deliverables include two (2) hard copies of the S\XIPPP document, and all electronic files to be delivered in pdf format via email or ftp site to the District. Depending on the alternative chosen, this project may be required to implement post-construction stormwater treatment measures and hydtomodification controls in accordance with the 2015 Model BJ\1P Design Manual for the San Diego Region. Once the alternative is selected, NVS will evaluate whether the project can be classified as a Priority Development Project (PDP) or Standard project and ·will evaluate the necessary post- construction measures required per the B1v!P Design Manual. If the project is identified as a PDP, NVS will prepare a Stormwater Quality Management Plan (SWQMP) for the project and the SWQJ\1P will be prepared by a Registered Civil Engineer. The SWQJ\1P will evaluate potential pollutants of concern from the project and determine the required BI'vfP facilities and footprint area. Based on the BMP Design Manual o-uidance and fact sheets. BMPs that may be considered ~dude pervious pavement, bioretention swales/ basins, and infiltration trenches. If hydtomodification controls are required, NVS will look at ways to minimize the footprint area needed for BMPs by combining the hydtomodification and water quality facilities into one single area and by using SWMM for our hydtomodification analysis. NVS's SWQMP will include an exhibit that shows the location of all proposed facilities and coordination of the facilities will be done early in the planning stages so that we understand any project constraints. This task includes responding to up to one round of plan check comments from the District. NVS will submit a DRAFT SWQ.l\1P with the 30% plans and a FINAL SWQMP wij:h the 100% plans. Deliverables include two (2) hard copies of the SWQMP document, and all electronic files to be delivered in .pdf format via email or ftp site to the District. City of Carlsbad Utilities Department NV5 Phase Ill Recycled Water Project -Storage Reservoir at the D Tank Site, Project No. 5210 /'6