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Group Delta Inc; 2017-12-20; TRAN1646
TRAN1646 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR COLLEGE WETLAND GEOTECHNICAL INVESTIGATION GROUP DELTA CONSULTANTS, INC. This Ratification of Amendment No. 1 is entered into as of the ___________ day of _____________________________________, 2018, but effective as of the 6th day of September, 2018, extending and amending the agreement dated December 20, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Group Delta Consultants, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for College Wetland Geotechnical Investigation. RECITALS A. The Agreement, as amended from time to time expired on September 6, 2018 and Contractor continued to work on the services specified therein without the benefit of an agreement; and B. The Parties desire to alter the scope of work of the Agreement to remove previously installed groundwater monitoring wells; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. 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, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. 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 ratification to extend and amend, the total annual Agreement amount shall not exceed twenty- nine thousand five hundred dollars ($29,500). 4. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed eleven thousand dollars ($11,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. Contractor will complete all work described in Exhibit “A” by September 6, 2019. 6. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 25th October TRAN1646 City Attorney Approved Version 1/30/13 2 8. 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 GROUP DELTA CONSULTANTS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez / Public Works Director as authorized by the City Manager Michael Reader / CEO (print name/title) By: (sign here) Shah Ghanbari / CFO, Secretary (print name/title) If required by City, 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, City Attorney By: _____________________________ Assistant City Attorney DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 TRAN1646 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 DocuSign Envelope ID: 8F581914-579B-4718-819C-D73A4B9A5482 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/1/2018 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 13604 Group Delta Consultants, Inc. 32 Mauchly, Suite B Irvine, CA 92618 13056 19437 A 1,000,000 X X 1000066094181 02/04/2018 02/04/2019 50,000 X-C-U 5,000 Contractual Liab.1,000,000 2,000,000 2,000,000 POLLUTION LIABI 1,000,000 1,000,000B PSA0001394 02/04/2018 02/04/2019 Comp.: $500 Coll.: $500 10,000,000A 1000336834181 02/04/2018 02/04/2019 10,000,000 B X PSW0001750 02/04/2018 02/04/2019 1,000,000 1,000,000 1,000,000 C Prof Liab/Clms Made 035713711 02/04/2018 Per Claim 3,000,000 C Ded.: $50k Per Claim 035713711 02/04/2018 02/04/2019 Aggregate 5,000,000 Re: All Operations City of Carlsbad/CMWD, its officials, employees, and volunteers are Additional Insureds with respect to General Liability per the attached endorsement as required by written contract. Waiver of Subrogation applies to General Liability and Workers Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Ave. Carlsbad, CA 92008 GROUDEL-01 MCGRAWM IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com Starr Surplus Lines Insurance Company RLI Insurance Company Lexington Insurance Company X 02/04/2019 X X X X X X X X X X Named Insured: Group Delta Consultants, Inc. Policy Number: 1000066094181 Named Insured: Group Delta Consultants, Inc.Policy Number: 1000066094181 Named Insured: Group Delta Consultants, Inc.Policy Number: 1000066094181 TRAN1646 AGREEMENT FOR COLLEGE WETLAND GEOTEHCNICAL INVESTIGATION SERVICES GROUP DELTA, INC. 1\ ;HIS AGREEMENT is made and entered into as of the 20fh-day of ~onbec: , 20 11, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GROUP DEL TA INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in geotechnical services. B. Contractor has the necessary experience in providing professional services and advice related to geotechnical services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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-hundred and sixty (260) days from the date first above written. The City 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, City needs, and appropriation of funds by the City Council. 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 eighteen thousand five hundred dollars ($18,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ten-thousand dollars ($10,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 9/27/17 TRAN1646 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City 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 City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 9/27/17 2 TRAN1646 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 City incurs or makes to or on behalf of an injured employee under the City's 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-:VI I"; 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City 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. City, 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 the City 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 City). $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 City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 9/27/17 3 TRAN1646 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City 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. City 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 City 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 City. 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 City. 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 City and Contractor relinquishes all claims to the copyrights in favor of City. Ill /II /II City Attorney Approved Version 9/27/17 4 TRAN1646 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Daniel Zimny Title Assistant Engineer Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7551 For Contractor Name Christopher Vonk Title Project Manager Address 9245 Activity Road Suite 103 San Diego, California 92126 Phone No. 858-536-1000 Email chrisv@groupdelta.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. Yes D No~ 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 whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Attorney Approved Version 9/27/17 5 TRAN1646 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City 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, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City 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 City 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 City, 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 City 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 City 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 City Attorney Approved Version 9/27/17 6 TRAN1646 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 City 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 City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/17 7 TRAN1646 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 GROUP DELTA, INC., a California i<Ck1~~ c/ (sign here) SHftH 6,t-fAtJ~I I P~tslDft'II (print name/title) :;d,&Vy1Q0 ~ (sign here) S--H~ 6J-H»NG11-~I , Sft..~ ET~+ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: dt( Elaine Lukey / Pubr rks Director as authorized by the City Manager If required by City, 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: Deputy City Attorney City Attorney Approved Version 9/27 /17 8 CALIFORNIA JURAY WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 • D See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ____.Q>-+-@~u, ............ k:-__ I',, a a a a o 1.:/sA;.;:u~; so~ • Notary Public · California 1 . Orange County J Commission# 2170715 .. ~Ml'..S'_~_'.*~'--~'J]",_2<lJ Sea/ Subscribed and sworn to (or affirmed) before me on this by h:j day of Date cl:N1Jl1hv, 20J1, Month Year (1} __ ~.....,..h.A~tt~w-~ba. ...... ,'-"'-"1Ja.=t1--'--, ___ _ (and (2} _____________ ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ~n~re---~------~-~~--- Signature of N~ublic Place Notary Sea/ Above --------------OPTIONAL 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 Document ~ ~ (b4b Title or Type of Document: D¼ at, Ca r-{b:<4 C,on.brµ}: Document Date: I l/42.1,tbr1 Number of Pages: cl_ Signer(s) Other Than Named Above: ______________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 A GFtOUP DEL TA November 7, 2017 GDC Proposal No. SD17-097Rl City of Carlsbad Public Works -Transportation and Engineering 1635 Faraday Carlsbad, California 92008 Attention: Mr. Daniel Zimny, PE, QSD SUBJECT: Mr. Zimny: Revised Proposal for Geotechnical Services Well Installation, Groundwater Monitoring and Laboratory Testing 6621 College Wetland Mitigation Site Carlsbad, California Group Delta Consultants, Inc. (Group Delta) is pleased to provide this revised proposal for geotechnical services to support the College Wetland project. We understand that the project site is being considered as a potential wetlands mitigation site for a larger City project. In order for the site to be a viable mitigation site, natural groundwater levels need to stay within a specific depth below the ground surface on an annual basis. In addition, the on-site soils will need to be evaluated for planting suitability with an agronomic screening. In order to prepare this proposal, we have discussed the project with you, performed a site visit to observe the existing field conditions and reviewed geologic maps and readily available groundwater data in the vicinity of the project area. SCOPE OF SERVICES We propose to provide geotechnical services during the following project phases: • Subcontract with a California licensed well drilling (C-57) subcontractor. • Obtain a County of San Diego Department of Environmental Health (DEH) permit for the wells. • Perform a site reconnaissance to observe for drill rig access, mark out boring locations, notify Underground Service Alert, and clear the locations of existing utilities prior to start of work. • Advance two test borings to the target depth of 25 feet with a truck mounted drilling rig with 6- to 8-inch diameter hollow stem augers. The approximate locations of the borings are shown in Figure 1. Three potential locations will be marked out in order to have a backup location in the event that hard rock is encountered in the west boring location. Obtain samples at about five-foot depth intervals using driven Modified California and Standard Penetration Test (SPT) split-spoon samplers. A Group Delta Engineering Geologist will supervise the field work. Drill spoil will be thin spread onsite. • Bulk samples of the upper 18 inches of soil from each boring will be collected for agronomic soil testing. Revised Proposal for Geotechnical Services 6621 College Wetland Mitigation Site City of Carlsbad GDC Proposal No. SD17-097Rl November 7, 2017 Page 2 • Install 2-inch diameter groundwater monitoring wells at the two boring locations. Monitoring wells will consist of screened PVC well casing with a bottom cap and encased in filter sand. A steel standpipe fitted with a locking cap and set into a concrete well pad will be constructed at the ground surface. • Install vibrating wire (VW) piezometers equipped with battery powered data loggers in the well casing. VW piezometers provide more accurate and continuous groundwater readings. Perform quarterly site visits to extract the groundwater measurements from the data loggers for one year (4 site visits). Access through the locked gate to the existing paved driveway entrance would need to be provided by the City to facilitate the readings. Groundwater levels would be recorded and summarized in a letter on a quarterly basis. • Submit a 60 day Well Completion Report as required by the County of San Diego DEH. • Perform limited geotechnical laboratory testing to assist with USCS Soil Type classification. • Perform agronomic soil testing to support the project biologist with plant pallet selection. • Preparation of a final data report which would include a description of our well installation and groundwater level measurement methods, geotechnical and agronomic laboratory test results, and groundwater level measurement data. FEES We propose to perform the outlined scope of work for a lump sum fee of $18,500 in accordance with the attached 2017 Fee Schedule. We also understand that the scope of work does require prevailing wage rates. An itemized breakdown of our fee is provided below: Groundwater Monitoring Well Installation and Groundwater Level Data Collection Permitting ............................................................................................................................................... $900 Boring Markout/Utility Locating/Mobilization .................................................................................... $1,200 Well Installation (Personnel & Equipment) ......................................................................................... $6,500 Laboratory Testing (Limited Geotechnical & Agronomic) ...................................................................... $800 Data Analysis and Report Preparation ................................................................................................. $3,600 Data Analysis and Report Preparation ................................................................................................. $5,500 TOTAL $18,500 Unexpected adverse subsurface conditions that are not discovered until the exploration and laboratory testing are complete can influence the scope and budget for our work. We have based this estimate on our current understanding of the project using the information provided to us and our knowledge and previous background in the area. We have used the following assumptions and limitations to develop the estimated fee: 1. Group Delta is not responsible for damage to underground utilities that are not indicated by utility locating activities described in this proposal and are not properly brought to our attention at the site. 2. Client will obtain permission for Group Delta to enter the site for subsurface exploration, including any environmental permits or clearance, and provide access through any locked gates. A GROUP CELTA College Wetlands -Geotechnical Services Proposal (Group Delta SD17-097Rl).docx Revised Proposal for Geotechnical Services 6621 College Wetland Mitigation Site City of Carlsbad GDC Proposal No. SD17-097Rl November 7, 2017 Page 3 3. Client obtains appropriate signatures for the Property Owner Consent forms needed for County of San Diego DEH groundwater monitoring well permit. 4. Drill spoil can be thin spread onsite. Additional fees will be incurred if drumming and disposing of soil cuttings is required. 5. Monitoring wells do not need to be surveyed. 6. Working hours will be 7 AM to 5 PM, Monday through Friday. 7. The project is subject to California prevailing wage rates. Client to provide the appropriate wage determination rate and applicable project information. 8. Geo-environmental services not explicitly described in this proposal are not included. 9. City ROW Permit is not required for this project. Preparation, submittal and payment of a ROW Permit will incur additional fees. 10. Monitoring well removal/abandonment is not included in this scope of work. 11. Meetings, conference calls, and/or presentations will be invoiced on time and expense basis using the attached schedule of fees. CLOSURE We appreciate the opportunity to become part of your project team and we look forward to working with you on this project. If this proposal is acceptable, please provide us with a consultant professional services agreement for signature. If you have any questions regarding the scope of services outlined in this proposal, please do not hesitate to contact us. GROUP DELTA CONSULTANTS c~~lP~N\~ Project Engineer Attachments: 2017 Schedule of Fees Figure 1-Exploration Locations / -, k.',~- James C. Sanders, C.E.G. San Diego Area Manager Vibrating Wire Piezometer Equipment Specifications Distribution: (1) Daniel Zimny, PE, QSD (daniel.zimny@carlsbadca.gov) A GROUP DEL TA College Wetlands -Geotechnical Services Proposal (Group Delta SD17-097Rl).docx ~U<CUPDELTA (11 L GROUP DELTA CONSULTANTS, INC. 2017 FEE SCHEDULE HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) PRINCIPAL ASSOCIATE SENIOR PROJECT STAFF DESIGNER/ ILLUSTRATOR/ AUTOCAD TECHNICAL/ PROJECT SUPPORT/ ADMIN TESTING & INSPECTION SERVICES SENIOR ENVIRONMENTAL TECHNICIAN ENVIRONMENTAL TECHNICIAN TECHNICIAN/ INSPECTOR-NON-PREVALING WAGE CHARGES FOR EQUIPMENT VEHICLE: FIELD VEHICLE MILEAGE (PER CURRENT IRS RATES) NUCLEAR DENSITY GAUGE OTHER CHARGES $250 $200 $185 $165 $130 $90 $65 $130 $100 $75 $ 5.00/hour $ 0.54/mile $ 5.00/hour Outside services will be charged at cost plus 15 percent. Technician and support personnel time for work over eight (8) hours per day will be charged at 1.5 times the regular rates. Holidays, hours over 12, and weekends hours (all hours) will be charged 2.0 times the regular rates. LITIGATION FEES Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $400 per hour, 4-hour minimum, portal to portal. Page 11 Approximate limits of proposed mitigation site. Approximate limits of grading for proposed mitigation site. ~ ~ Approximate location of groundwater monitoring well. Approximate alternate location of groundwater monitoring well. REFERENCES: City of Carlsbad (2017). 6621 Monitoring Well Location (KMZ file); Google Earth (2016). Satelite imagery dated November 8. N A NO SCALE College Welland Mitigatk>n Site Qty of Cartsbad 17--097 17--097R1 EXPLORATION LOCATIONS ~ GROUDEL-01 Att~TINA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ~2tU~cT Ali Smith IOA Insurance Services ll)8,NJ:o, Ext): (619) 788-5795 50206 / rie~.No):(619) 574-6288 4370 La Jolla Village Drive Suite 600 i~DA~iss: Ali.Smith@ioausa.com San Diego, CA 92122 INSURERISI AFFORDING COVERAGE NAIC# INSURERA ,Starr Surolus Lines Insurance Comoanv 13604 INSURED INSURER B : RLI Insurance Comoanv 13056 Group Delta Consultants, Inc. INSURER c, Lexinaton Insurance Comoanv 19437 32 Mauchly, Suite B INSURERD: Irvine, CA 92618 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 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 ~ POLICY NUMBER POLICYEFF POLICY EXP LIMITS ITR 1•1<::n IMM/DD/YYYYI mu,nn,vyyy1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [!] OCCUR X X 1000066094171 02/04/2017 02/04/2018 ~~~~[f;lJ9E~~~~;'ence\ $ 50,000 X X-C-U MED EXP IAnv one oerson\ $ 5,000 X Contractual Liab. -PERSONAL & ADV INJURY $ 1,000,000 ~'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY oo ~r8i= D Loc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER POLLUTION LIAB $ 1,000,000 B AUTOMOBILE LIABILITY ~~~~J~~~tflNGLE LIMIT $ 1,000,000 X ANY AUTO PSA0001394 02/04/2017 02/04/2018 BODILY INJURY /Per oerson\ $ -OWNED ~ SCHEDULED AUTOS ONLY -f-----AUTOS BODILY INJURY /Per accident\ $ HIRED ~8f8§V(j~J/_~ /p~?~~d~~t~AMAGE $ AUTOS ONLY f----- X Comp.: $500 X Coll.. $500 $ A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 10,000,000 f-----1000336834171 02/04/2017 02/04/2018 10,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION XI ~¥fTuTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N X PSW0001750 02/04/2017 02/04/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ ~~it~rti~J~ 'c;'~'gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Prof Liab/Clms Made 035713711 02/04/2017 02/04/2018 Per Claim 3,000,000 C Ded.: $50k Per Claim 035713711 02/04/2017 02/04/2018 Aggregate 5,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations City of Carlsbad/CMWD, its officials, employees, and volunteers are Additional Insureds with respect to General Liability per the attached endorsement as required by written contract. Waiver of Subrogation applies to General Liability and Workers Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Carlsbad/CMWD \, ~illO' ~J.& 1635 Faraday Ave. 1r~,,~'---' l'A o?nna ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000066094171 COMMERCIAi:. GENERAL LIABILITY CG20100413 THIS ENDOR~EMENT CHANGES THE POLICY~ PLEASE READ IT CAREFULLY. A.0DlTIONAL INSURE:0 -OWNERS, LE'SSEES OR CONTRACTORS~ SCHEDULED PERSON OR ORGANIZATION This endorsementrnodifies insurance provided under.the following: COMMERCIAL GENERAL LIABILITY COVER.AGE PART SCHEDULE NameOfAdditional Insured Person(s) Or Omanization(s) Location(sl Of Covered Oneratlons As required by written contract As required by:written contract lnfor~tion reauired to complete this Schedule if not shown above, will be showr,i in the Declarations. A. section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiiation(s) shown in the Schedule, but only with respect to liability for ''bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions.; or 2. The act$ or omissions of those acting on your behalf; in tt:ie performance of your ongoing operations for. the additional insured(s) at the location(s) designated above, However: 1. The insurahee afforded to such additional. insured only applies to the extent permitted .by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required .by the contract or agreement to provide for such additional i.nsured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusioni;, apply: This insurance does not apply to "bodily injury" or "property dama~" occur-ring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the prGject (other tha.n seNice, maintenance or repairs) t<:i be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of ''your work" out of which the injury or damage arises has been put to its intended use by any person or organ•zation other than another contractor or subcontractor engaged: in performing operations for a principal as a part of the same project CG20100413 © Insurance Services Office; Inc., 2012 l'age 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Limits Oflnstnan<:e: If coverage provided to the additional insured is required by a contract or agreement, the most we wi!I pay on behalf of the additional ,insured is t~ amount of insurance: 1. Required by the contract or agreement; or 2. Available under. the applicable Limits of Insurance shown in the Declarations; whichever is less, This endorsement shall riot increase the applicable Limits of Insurance shown in the Oeclarations_ Page 2 of2 © Insurance Services Offic~, Inc,, 2012 CG201004-13 POLICY NUMBER: 1000066094171 COMMERCIAL GENERAL LIABILITY CG 20 3:7 041_3 THIS ENDORSEMENT CHANGES THE POLICY; PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This etidorser.nentmodifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS. LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s) Location And Description Of Completed o.oerations As required by written contract As required by written contract Information reauired to comolete this Schedule. if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization{s) shown in the Schedule, but only with respect. to liability for "bodily injury" or ''property damage" caused,. in whole or in part, by "your work" at the location -designated and described In the Schedule of this endorsement performed for that additional insured and lnclUded in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional .insured is required by a contract or agreement, the insurance afforded to such additional insured will not be brqader than that which you are required by the-contract or agreement to provide "for such additional insured. CG 20370413 © Insurance Services Office, Inc., 2012 Page 1 of2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © ISO Properties, Inc., 2012 CG2037 0413 D • Starr Surplus Lines Insurance Company Chicago, IL 1--646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066094171 Named Insured: Group Delta Consultants. Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective polioy(ies) carefully. SCHEDULE Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form All as required by written, signed or executed contract. A. SECTION II • WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of •your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR SURPLUS LINES INSURANCE COMPANY C~t /Jt:l . , Lf C 11/W~ p., SL -023 (08/11) Page 1 of 1 Copyright© c. v. Starr & Company an.d Starr SUrplus I.Ines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with Its permission. Named Insured: Group Delta Consultants, Inc. Polley Number: PSW0001750 WORKERS' COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT,-CA_LIFORNIA WC 040306 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the toss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement