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1 r >,.,,,,,,- ~,,/,,,,,,, PJ\DREDJ\M Municipal Water District REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES FOR PADRE DAM MUNICIPAL WATER DISTRICT's SANTEE AQUIFER GEOTECHNICAL, HYDRAULIC AND WATER QUALITY CHARACTERIZATION PROJECT (WORK ORDER NO ) A PRE-PROPOSAL MEETING AND SITE VISIT WILL BE HELD ON OCTOBER 21, 2013, AT 2 :00 PM, IN THE DISTRICT'S ADM/NIST RATION OFFICE BOARD ROOM, 9300 FAN/TA PARKWAY, SANTEE, CA PROPOSAL DUE Date: OCTOBER 29, 2013 Time: 11 :00 AM 9300 FANITA PARKWAY PO Box SANTEE, CA Al~ Director of Engineering & Planning

2 TABLE OF CONTENTS SECTION DESCRIPTION PAGE(S) 1.0 INTRODUCTION BACKGROUND PROPOSED PROJECT EXISTING DOCUMENTATION MINIMUM REQUIREMENTS AND TASKS PROPOSAL REQUIREMENTS CONSULTANT SELECTION PROCESS SPECIAL CONDITIONS Attachment: Professional Services Agreement

3 1.0 INTRODUCTION Padre Dam Municipal Water District (Padre Dam or District) is requesting proposals from qualified consulting firms to conduct a field investigation to document aquifer characteristics (geotechnical, hydraulic, and water quality) to support future hydraulic modeling and development of the Santee Aquifer as an Indirect Potable Reuse (IPR) Groundwater Recharge and Replenishment Project (GRRP). The SANTEE AQUIFER GEOTECHNICAL, HYDRAULIC and WATER QUALITY CHARACTERIZATION PROJECT (Project) is envisioned to include as a minimum the following work; 1. Project Management 2. Geotechnical, Hydrologic and Water Quality Data Collection 3. Document collected data 4. Permitting The District is requesting each proposer to develop a project plan that meets the minimum requirements of the project and maximizes the work scope to be within the project maximum budget of $200,000. Ultimately, the successful firm will be able to best demonstrate how their proposed plan will provide the overall best value to the District s rate payers. The District anticipates work will begin in December of 2013 and will be completed by March 31, This RFP outlines the proposed project, the minimum required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with this RFP's requirements and procedures may be cause for disqualification. 2.0 BACKGROUND Padre Dam is actively pursuing the expansion of its recycled water program to include indirect potable reuse to increase water supply reliability for its rate payers. It is envisioned that this program will continue to meet its current Title 22 recycled water obligations and add an additional 2,000 to 3,000 Acre Feet per Year (AFY) of full advance treatment water for the Santee Basin Groundwater Recharge & Replenishment Project (GRRP). The full advanced treated water is envisioned to be produced at the Existing Ray Stoyer Water Recycling Facility (see Figures 1 and 2 for District and Facility locations). The full advanced treated water would be injected into the aquifer using injection wells then extracted using wells after a retention time of two months to six months, receive any necessary well head treatment, and then added to the potable water distribution system. The District s proposed program to inject and extract FAT Water will comply with the proposed draft recycled water regulations drafted by the California Department of Public Health (CDPH) for groundwater recharge and replenishment. Additionally, the program must be sufficiently flexible to meet similar regulations for reservoir augmentation that will be developed by the CDPH. To date the Bureau of Reclamation (BOR) has completed two studies to assist the District to determine the viability of the aquifer for an IRP/GRRP project (see Section 4.0). The second study Geophysical Investigations Electrical Resistivity Surveys, Santee Basin Aquifer Recharge Study, Santee, California, Phase 2 Report recommended targeted drilling to further calibrate the Electrical Resistivity Imaging (ERI) results and determine hydraulic conductivities and 1

4 transmissivities. Subsequent to the Phase 2 report, the Bureau of Reclamation identified four locations where additional data on aquifer characteristics would be beneficial (See Figure 3). The BOR s priorities of data (from highest priority to lowest) are as follows; Sites No. 4, No, 1, No. 3, and No. 2. The District is in the process of acquiring necessary easements in the area of Sites No. 3 and No. 4 which will help facilitate the installation of test wells and monitoring wells in this area (See Figure 4). Site No. 1 will require additional easements to be acquired by the District prior to work and Site No. 2 is located in an environmentally sensitive area which would be very difficult to access for work at this time. 3.0 PROPOSED PROJECT The proposed Project will require planning, design, installation and testing of test well(s) and monitoring wells and to collect and document geotechnical, hydraulic and water quality information for use to help calibrate BOR ERI results, assist with future hydraulic modeling and assist with future study of the Santee Aquifer IPR/GRRP Project. The Project is envisioned to include as a minimum the following work; 1. Project Management 2. Geotechnical, Hydrologic and Water Quality Data Collection 3. Document collected data 4. Permitting 4.0 EXISTING DOCUMENTATION Previously completed documents available are shown in the following Table 1. Table 1 Existing Documents Document Number Activity/Action Consultant/Agency Final Report Date 1 Santee Basin Aquifer Recharge Study, Technical Memorandum: Regulatory Viability, Engineering Viability and Water Rights Bureau of Reclamation October 2011 Analysis, prepared for Padre Dam Municipal Water District 2 Geophysical Investigations Electrical Resistivity Surveys, Santee Basin Aquifer Recharge Study, Santee, California, Phase 2 Report Bureau of Reclamation December MINIMUM REQUIREMENTS AND TASKS The District intends to retain a qualified and committed professional consulting firm (Consultant) for the Project. The successful firm shall demonstrate the availability of qualified personnel to perform services as required to execute the Project s minimum requirements and tasks. The following minimum requirements and tasks are anticipated. 2

5 5.1 Project Management 5.2 Schedule Project Management & administration Adherence to specified schedule (further defined below) Project Progress Meetings and Reporting (further defined below) Agency Coordination Project Quality Assurance/Quality Control Program (further defined below) Prepare and maintain a Project schedule illustrating tasks, deliverable timelines and decision points. This schedule is to be reviewed monthly and updated as conditions change. Also, review project sequencing and identify critical interfaces between project milestones. Consultant shall schedule the project such that all work is completed by March 31, Construction of wells (test and monitoring) located for Sites 3 and 4 must be completed by December 31, Project Progress Meetings and Reporting Project progress meetings and reporting will include meetings between District staff and the consultant. Meetings shall be held as often as deemed necessary and, at a minimum, the consultant shall report monthly on work accomplished in the previous month and the status of the project progress, project schedule, project budget, and any modifications to the base project cost estimate. Project Development Team (PDT) meetings with other project stakeholders will be held as needed. Minutes of all meetings will also be prepared by the Consultant and furnished to attendees and concerned parties within five working days of the meeting. 5.4 Environmental Support for Project It is anticipated that work performed for this Project will be an Exemption regarding CEQA requirements. Padre Dam will secure the services of an environmental consultant under separate contract. The Consultant shall provide technical information as needed to support the CEQA document. 5.5 Data Collection and Documentation The Selected Consultant shall develop a detailed document describing the plan to collect aquifer characteristic data, collect the data, and document the results. It is envisioned that a minimum of one test well be constructed to perform aquifer pumping tests (step test and continuous rate test). Installation of observation wells necessary to perform the pump tests is also to be included in this project. Consultant shall maintain complete and accurate drillers log of all materials removed. Tests shall be conducted to calculate hydraulic conductivity and transmissivity and other tests that would aid in hydraulic modeling (modeling by others). Water quality testing shall, at a minimum, include total dissolved solids and nitrates. Consultant shall submit the plan to the District for approval prior to commencing work to install facilities or to collect data. 3

6 5.6 Draft and Final Report Consultant shall prepare a draft report for District review and comment. A two week review process shall be provided for the District to prepare comments. Consultant shall incorporate all comment into the Final Report. The report shall document the data collected (geotechnical, hydraulic, and water quality), methods of collection, and results of the testing and data analysis. Final report shall be stamped and signed by a Civil Engineer registered in the State of California. 5.7 Permits Consultant shall obtain all permits required to perform construction of wells, testing and data collection. Water generated from pump test can be discharged to the District Sewer system (assume discharge point is within 500 feet of the test well for Sites 1 and 4, within 1,500 feet for Site 2, and 1,000 feet for Site 3). 5.8 Quality Control/Quality Assurance All submittals (plans, calculations, report and associated documents) shall adhere to a District approved quality assurance/quality control (QA/QC) program. The formal QA/QC program must include a written verification process for each deliverable. The selected consultant shall identify major reviews and procedures that are specific for this project. 5.9 Deliverables 1. Quality Control/Quality Assurance Plan 2. Engineering Documentation to support preparation of a Project Exemption for the CEQA Process (Padre Dam to provide Environmental Consultant) 3. Data Collection Plan 4. Construction Cost Estimates 5. Schedules 6. Draft Report for Data Collected 7. Final Report for Data Collected 8. Additional deliverable as required to complete the Scope of Services Please note the task list above does not represent the actual scope of the project. The District will begin negotiation with the top firm on actual scope and fee. The project must adhere to the District s design standards, regulations, policies and procedures for all work at the time of project advertisement Standards The project must adhere to the District s design standards (Water Agencies Standards), regulations, policies, and procedures for all work at the time of project advertisement. 1. Electronic digital drawings / design files shall be delivered in MicroStation format (V8, 2004 version). The use of MicroStation for plan assembly shall adhere to the District s Computer Aided Drafting Guidelines developed for Capital Improvement projects. 2. All electronic text document deliverables shall be in the Microsoft Office platform (Word, Excel, PowerPoint, Project, Visio, etc.) version 2010 or lower. 3. All Geographical Information System (GIS) files shall be delivered in ArcView Shapefile format (.shp). 4

7 4. All reports shall be comb-bound. 6.0 PROPOSAL REQUIREMENTS Written proposals are to include a discussion of the consultant s understanding of and approach to the project, a breakdown and explanation of project tasks, a fee proposal (including rate schedule), and documentation of firm qualifications. The proposal should be concise, well organized, and demonstrate the responders qualifications and experience applicable to the contract. Responders will be evaluated based on the information submitted in accordance with Section 7. The proposal shall not exceed a total of the equivalent of single-sided, 8.5 x 11 pages (excluding appendices), and shall include the following: 1. Transmittal Letter The proposal shall be transmitted with a cover letter describing the firm s interest and commitment to the proposed project. The letter shall include the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the consultant selection process. The person authorized by the firm/team to negotiate a contract with the District shall sign the cover letter. Address the cover letter as follows: Padre Dam Municipal Water District ATTN: Arne Sandvik, P.E. Senior Engineer Mail to: PO Box Santee, California or Hand Deliver to: 9300 Fanita Parkway Santee, California Executive Summary Include an overview of the entire proposal 3. Company Information a) Identification of responder b) Legal name and address of the company c) Legal form of company (partnership, corporation, joint venture, etc.) d) Identification of the parent company e) Addresses of office(s) located in San Diego County f) Number of employees in San Diego County g) Name, title, address and telephone number of person to contact regarding the proposal. 4. Company Experience a) Provide a brief description of consultant s experience in completing similar projects. b) Provide a list of names and phone numbers of clients for which similar work has been performed. 5

8 5. Project Organization and Key Project Personnel a) Describe project organization, including identification and responsibilities of key personnel. b) Provide an organization chart. c) Indicate roles of prime and all sub-consultants. d) Provide detailed discussion of the experience of the Project Manager and other key project team members. e) Provide resumes of the Project Manager and other key project team members. Resumes shall include relevant experience, proposed role, education, and licenses. The resume for each individual shall not exceed two single sided pages. (Attach resumes in an appendix.) f) For each Key Team Member, provide at least three references (names and current phone numbers) from recent work (previous three years) similar to this project. Include a brief description of each project associated with the reference, and the role of the respective team member. (Attach references in an appendix). g) Describe proposed line-of-communication between the District, prime team members, and sub-consultants. Address approach to team integration to ensure timely responses to District s requests. Replacement of key team members will not be permitted without prior consultation with and approval by the District. All work shall be performed under the supervision of an engineer licensed in the State of California, who has substantial experience with projects of similar size and scope. 6. Project Plan a) Consultant shall develop and describe a project plan that 1) satisfies the minimum requirements listed in Section 5.0; 2) maximizes the amount of data collection for the budget; 3) provides the District with the best opportunity to characterize the Santee Aquifer; and 4) includes additional concepts and ideas that will lead to a successful project. 1. Explain the technical approach, methodology, and specific work tasks and activities and concepts that will be performed and designed to address the specific issues and work items identified in this RFP. 2. Include a discussion of constraints, problems, and issues that should be anticipated during the contract and suggestions for approaches to resolving them. 3. Include a schedule (bar chart format) you intend to follow to complete the project plan broken out by discrete tasks. 4. Consultants should include additional tasks they deem appropriate, written reasons why a task should be included, and an estimate of the fee required to complete the task. Failure to do this shall reflect on the Consultant's qualifications. 5. Describe the benefits and values provided in the Project Plan. 6. State in what ways and for what reasons the proposal deviates from the minimum requirements as presented by the District. 7. Quality Assurance and Quality Control (QA/QC) Program a) Provide discussion of the consultant s overall QA/QC program. 6

9 b) Provide discussion of how the QA/QC program manages subconsultants efforts to ensure technical accuracy and successful completion of the project. 8. Rate Schedule The District requires that all billing for work done by the end of the billing period be submitted to the District on a monthly basis. Each billing shall be submitted with a status report describing progress made during the billing period on each task along with percent complete for each task. Final billing will be approved for payment only after a completed status report has been approved by the District. a) Minimum Time Rate List minimum time charged against service rendered. b) Overtime Pay List procedures used for applying overtime rate. Indicate your normal hours of work and overtime rate. c) Holiday List those holidays that your personnel do not conduct normal work hours. d) Travel Time Provide a schedule of travel rates if different from the man-hour rates provided elsewhere in the proposal. Provide data regarding mileage rate in regards to travel time. Give the estimated travel time from your office to District s Administration Office at Fanita Parkway. e) Rate Schedule Include the rate schedule of professional staff and services. Service costs are to be provided on a per hourly basis. Rates included in the proposal shall be used throughout the period of the contract. 9. Fee Proposal Consultant shall submit a comprehensive fee proposal for the project in conjunction with the anticipated tasks and level of effort. Fees shall be developed on a time and material, not to exceed basis. Final fee shall be negotiated after the detailed scope of work is finalized with the selected firm. a) Submit a fee schedule that indicates the number of man-hours proposed per task for each classification of employee and the total cost associated for each task (see Section 4). 10. Submittal of Proposals Six (6) copies of your proposal are due at the District offices no later than the time and date specified on the cover page. Envelopes or packages containing the proposals should be clearly marked, Proposals Enclosed. Proposals must include six printed copies along with a CD-ROM of the proposal in.pdf format. 7.0 CONSULTANT SELECTION PROCESS 7.1 Evaluation Criteria The proposals will be scored on a 100-point total basis using a value based evaluation criteria including: Project Plan (60 points) Project Manager experience and availability (10 points) Qualifications and specific experience of Key Team Members and availability for this project (10 points) Firm Experience (10 points) Demonstrate Best Value to District (10 points) 7

10 7.2 Schedule for Selection and Award Once the top firm/team has been determined using the value based evaluation criteria describe in Section 7.1, District staff will start contract negotiations with firm/team. If contract negotiations are not successful, the second ranked firm/team may be asked to negotiate a contract with the District, etc. Description Date Distribute RFP October 11, 2013 Pre-Proposal Meeting & Site Visit Proposal Due Date October 21, 2013; 2:00 AM* October 29, 2013; no later than 11:00 AM Review Proposals Through November 12, 2013 Selection/Negotiations/Finalize November 2013 Board Approval of Contract November 20, 2013** Notice of Award of Contract December 2013** * Pre-Proposal meeting to be held in the District s Administration Office Board Room located at 9300 Fanita Parkway, Santee, CA. ** Dates may vary based on length of negotiation process. 8.0 SPECIAL CONDITIONS 1. Reservations This RFP does not commit the District to award a contract, to reimburse any costs incurred in the preparation of a Proposal pursuant to this RFP, or to procure or contract for work. Award of the contract is not a guarantee for any minimum amount of services to be performed by the consultants or availability of work for all companies on the list or for all companies on the team. 2. Public Record All proposals submitted in response to this RFP become the property of the District and public records, and as such may be subject to public review. 3. Right to Cancel The District reserves the right to cancel this RFP, in part or in its entirety. If the District cancels or revises the RFP, the District will notify all firms in writing. 4. Additional Information The District reserves the right to request additional information and/or clarifications from any or all respondents to this RFP. 8

11 5. Agreement for Professional Service The selected consultant will be required to sign a copy of the District s Agreement for Professional Services (copy attached). 6. Insurance Requirements The District requires all consultants to procure and maintain, during the period of performance of this agreement, insurance in at least the following amounts: Workers compensation and employer s liability insurance Workers compensation in compliance with the applicable state and federal laws; employer s liability with a limit of $1,000,000 per occurrence. Comprehensive general liability insurance Insurance including blanket contractual, broad form property damage, completed operations, and independent contractor s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate. Comprehensive automobile liability insurance List name(s) of insurance providers for comprehensive automobile liability insurance and amount. (Must include owned, hired, and non-owned automobiles, for bodily injury and property damage to a combined single limit of $1,000,000 each occurrence. Professional liability (errors and omissions) insurance affording professional liability insurance To a limit of $1,000,000 each claim, and $1,000,000 aggregate. The selected consultant must provide the District with the required insurance certificates within 14 days of notice of selection. 9

12 Padre Dam MWD s Western Service Area Project Location Padre Dam MWD s Eastern Service Area FIGURE 1 - VICINITY MAP 10

13 FIGURE 2 SANTEE AQUIFTER LOCATION 11

14 Resistivity Survey Line (typ) Potential Test Site (typ) Figure 3 - Approximate location of Potential Exploratory Test Sites 1 thru 4. 12

15 Proposed Easement Actual Electrical Resistivity Grid Loc. #3 Intersection (Site 3), see Figure 3 Potential Test Well Location for Site 4 r y ns wn Ce e nt w Pk a Tr it To Property Line for PARC ONE Development (currently under construction) ay W Actual Electrical Loc. #4 Resistivity Grid Intersection (Site 4), see Figure 3 Proposed Easement for Test Well(s) & Observation Wells (typ) Figure 4 - Exploritory Test Sites 3 & 4 / 1 inch = 100 feet Printed Date: 5/20/2013 This map is provided for general information only without warranty of any kind.

16 PADRE DAM MUNICIPAL WATER DISTRICT PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of, 20, by and between the PADRE DAM MUNICIPAL WATER DISTRICT (hereinafter referred to as the District ), organized and existing under the Municipal Water District Law of 1911, Water Code et seq., and, a [insert type of business or entity] (hereinafter referred to as Consultant ). RECITALS A. District is a public agency of the State of California and is in need of professional services for the following project: SANTEE AQUIFER GEOTECHNICAL, HYDRAULIC AND WATER QUALITY CHARACTERIZATION PROJECT, WO (hereinafter referred to as the Project ). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The parties desire by this Agreement to establish the terms for District to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the District with the services described in the Scope of Services attached hereto as Exhibit A. [Alternatively, Scope of Services can be included here and all subsequent exhibits renumbered accordingly.] 2. Compensation. a. Subject to paragraph 2(b) below, the District shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B. [Alternatively, Schedule of Charges may be included here and all subsequent exhibits renumbered accordingly.] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ [Insert amount of compensation]. This amount is to cover all printing and related costs, and the District will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the District, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the District by G\

17 Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the District and executed by both parties before performance of such services, or the District will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by District. 5. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the District to proceed ( Notice to Proceed ). Consultant shall complete the services required hereunder within [Insert number of calendar days for performance of the services if more detail is required attach Activity Schedule as Exhibit C and renumber all subsequent exhibits accordingly.] The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither District nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the District, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement G\

18 8. Standard of Care Consultant s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the District, which may be withheld for any reason. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Consultant Consultant is retained as an independent Consultant and is not an employee of District. No employee or agent of Consultant shall become an employee of District. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from District as herein provided. 11. Integration This Agreement represents the entire understanding of District and Consultant as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 12. Insurance a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the District. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). for the following: (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability G\

19 (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) All such policies shall give Padre Dam Municipal Water District, the Board and each member of the Board, its officers, employees, agents and District designated volunteers insured status using ISO endorsement CG2010, CG2033, or equivalent. (v) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the District. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the District. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 0001 covering automobile liability (Coverage Symbol 1, any auto). (iii) The automobile liability program may utilize deductibles, but not a self-insured retention, subject to written approval by the District. c. Workers Compensation/Employer s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the Workers Compensation and Insurance Act, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers compensation coverage of the same type and limits as specified in this section. (iii) Such insurance shall include an insurer s Waiver of Subrogation in favor of the District and will be in a form and with insurance companies acceptable to the Padre Dam Municipal Water District G\

20 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability insurance, in a form and with insurance companies acceptable to the District and in an amount indicated herein. This insurance shall be endorsed to include contractual liability. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability Automobile Liability Employer s Liability Professional Liability f. Evidence Required $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence $1,000,000 per claim and aggregate (errors and omissions) (i) Prior to execution of the Agreement, the Consultant shall file with the District evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 2010 (or insurer s equivalent) signed by the insurer s representative and Certificate of Insurance (Acord Form 25-S or equivalent). All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Certificates of insurance and policy endorsements shall require 30 days (10 days for non-payment of premium) notice of cancellation to Padre Dam Municipal Water District. Statements that the carrier will endeavor and that failure to mail such notice shall impose no obligation and liability upon the company, its agents or representatives, will not be acceptable on certificates. If any of the required coverage expires during the term of this Agreement, the Contractor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the District at least ten (10) days prior to the expiration date. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the District or any named insureds shall not be called upon to contribute to any loss G\

21 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the District, which satisfy the following minimum requirements: (ii) Insurance carriers shall have a current A.M. Best rating of not less than A- policyholder s rating and a financial rating of not less than Class VII, unless otherwise approved by the District. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the District, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, the Consultant fails to maintain in full force any insurance required by the Agreement documents, the District may terminate this Agreement. (iii) All Commercial General Liability and Automobile Liability policies shall give Padre Dam Municipal Water District, the Board and each member of the Board, its officers, employees, agents and District designated volunteers insured status using ISO endorsement CG , or CG plus CG , or equivalent. (iv) The District may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (v) Neither the District nor the Board, nor any member of the Board, nor any of the directors, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 13. Indemnification. Consultant agrees to protect, save, defend and hold harmless the District and its Board and each member of the Board, officers, agents and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of or in any way connected with the negligent acts, errors or omissions or willful misconduct by Consultant, Consultant s agents, officers, employees, subconsultants, or independent Consultants hired by Consultant under this Agreement. The only exception to Consultant s responsibility to protect, save, defend and hold harmless the District, is due to the sole negligence, willful misconduct or G\

22 active negligence of the District. This hold harmless Agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. [Alternatively, if contract includes design-related services, delete the above language and replace with the following]: To the fullest extent permitted by law, Engineer shall defend (with counsel reasonably approved by the District), indemnify and hold the District, its Board, members of the Board, employees, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, Claims ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Engineer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Engineer s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses, including but not limited to legal costs and expenses incurred by the District, its Board, Members of the Board, District employees and/ or authorized volunteers in connection with any Claim or in enforcing the indemnity herein provided. Notwithstanding the foregoing, to the extent Engineer s services are subject to Civil Code Section , the above indemnity shall be limited, to the extent required by Civil Code Section , to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Engineer. Engineer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the District, its Board, members of the Board, employees, or authorized volunteers. 14. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain public works and maintenance projects. If the services are being performed as part of an applicable public works or maintenance project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 15. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same. In addition, for the duration of this Agreement, Consultant agrees to use the Social Security Number Verification Service (SSNVS) for all existing employees and all new employees hired by the Consultant G\

23 [Delete the following provision and renumber all further provisions, if not applicable.] 16. District Material Requirements. Consultant is hereby made aware of the District s requirements regarding materials, as set forth in [Insert the name of the document that contains the District s standard material requirements], which are deemed to be a part of this Agreement. 17. Laws, Venue, and Attorneys Fees This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 18. Termination or Abandonment a. District has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, District shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. District shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by District and Consultant of the portion of such task completed but not paid prior to said termination. District shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice to District only in the event of substantial failure by District to perform in accordance with the terms of this Agreement through no fault of Consultant. 19. Documents. Except as otherwise provided in Termination or Abandonment, above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the District. 20. Organization Consultant shall assign as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the District. 21. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above and as determined at the time the schematic plans and site utilization plans are approved. Any subsequent construction at the site of the Project, or at any other District site, G\

24 will be covered by, and be the subject of, a separate Agreement for Engineering Services between District and the Engineer chosen therefore by District. 22. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: DISTRICT: Padre Dam Municipal Water District Attn: P.O. Box Santee, CA CONSULTANT: and shall be effective upon receipt thereof. 23. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the District and the Consultant. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. [SIGNATURES ON FOLLOWING PAGE] G\

25 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. PADRE DAM MUNICIPAL WATER DISTRICT: CONSULTANT: By: G. Allen Carlisle CEO / General Manager APPROVED AS TO FORM: [Required only if contract is $50,000 or more AND/OR contract provisions vary.] Paula de Sousa General Counsel PADRE DAM MUNICIPAL WATER DISTRICT G\

26 EXHIBIT A Scope of Services G\

27 EXHIBIT B Schedule of Charges/Payments Consultant will invoice Padre Dam Municipal Water District ( District on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform District regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract G\

28 EXHIBIT C Activity Schedule G\