Loading...
HomeMy WebLinkAboutMikhail Ogawa Engineering Inc; 2015-12-21; ENV1342ENV1342 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR MUNICIPAL STORM WATER PROGRAM FACILITATOR SERVICES MIKHAIL OGAWA ENGINEERING, INC. This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2018, extending the agreement dated December 21, 2015 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for municipal storm water program facilitator services. RECITALS A. On December 7, 2016, the Parties executed Amendment No. 1 to the Agreement for Municipal Storm Water Program Facilitator Services and to extend and fund the Agreement for an additional one (1) year; and B. On December 18, 2017, the Parties executed Amendment No. 2 to the Agreement for Municipal Storm Water Program Facilitator Services and to extend and fund the Agreement for an additional one (1) year; and C. The Parties desire to extend the Agreement for a period of three (3) months. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of three (3) months ending on March 31, 2019 on a time and materials basis. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// DocuSign Envelope ID: FB4BADBE-73A8-4402-A031-099A70C16F9B November 20th ENV1342 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California MIKHAIL OGAWA ENGINEERING, INC., a California corporation By: By: (sign here) for Scott Chadwick, City Manager Mikhail Ogawa, President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Mikhail Ogawa, 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, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FB4BADBE-73A8-4402-A031-099A70C16F9B INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY 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 INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Continental Casualty Company CompWest Insurance Company Progressive American Insurance Company 04/02/2018 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92186 Hubert Ang 858 587-7495 858-452-7530 hubert.ang@marshmma.com Mikhail Ogawa Engineering, Inc Mikhhail Ogawa 2195 San Dieguito Drive, Suite 1 Del Mar, CA 92014 20443 12177 24252 A X X X B6045280643 04/01/2018 04/01/2019 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 C X X X 029980541 05/01/2018 05/01/2019 2,000,000 1,000,000 A X X X B6045280688 04/01/2018 04/01/2019 2,000,000 2,000,000 B Y WCV5501101 12/31/2017 12/31/2018 X 1,000,000 1,000,000 1,000,000 A Errors & Omissions EEH254102631 04/01/2018 05/01/2019 $2,000,000 Each Claim $4,000,000 Aggregate Certificate holder is additional insured with respect to general liability per attached endorsement. 30 day notice of cancellation. City of Carlsbad/CMWD P.O. Box 4668 - ECM#35050 New York, NY 10163 1 of 1 #S3396084/M3396081 MIKHAOGAWA1Client#: 423948 WSMJB 1 of 1 #S3396084/M3396081 INSURED: POLICY #: POLICY PERIOD: TO Mikhail Ogawa Engineering, Inc B6045280643 04/01/2018 04/01/2019 INSURED: POLICY #: POLICY PERIOD: TO: Mikhail Ogawa Engineering, Inc WCV5501101 12/31/2017 12/31/2018 City of Carlsbad/CMWD P.O. Box 4668 - ECM#35050 New York, NY 10163 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR MUNICIPAL STORM WATER PROGRAM FACILITATOR SERVICES MIKHAIL OGAWA ENGINEERING, INC. ENV1342 De:hi~ent No. 2 is entered into and effective as of the ( ~ day of 6 V , 2017, extending the agreement dated December 21, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Municipal Storm Water Program Facilitator Services. RECITALS A. On December 7, 2016 the Parties executed Amendment No. 1 to the Agreement for Municipal Storm Water Program Facilitator Services and to extend and fund the Agreement for an additional one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one ( 1) year ending on December 21, 2018 on a time and materials basis not-to- exceed forty five thousand dollars ($45,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 ENV1342 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR MIKHAIL OGAWA ENGINEERING, INC., a California corporation (print name/title} By:~ (si~ CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~~ City Attorney Approved Version 1/30/13 2 Client#· 423948 MIKHAOGAWA1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 9/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:I~CT Hubert Ang Marsh & McLennan Agency LLC rt8Nrio, Ext): 858 587-7495 [ rffc No): (858) 452-7530 Marsh & McLennan Ins Agney LLC ~~lJ~ss: hubert.ang@barneyandbarney.com PO Box 85638; CA Lie #0H18131 INSURER($) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A : Continental Casualty Company 20443 INSURED INSURER B : CompWest Insurance Company 12177 Mikhail Ogawa Engineering, Inc INSURER C : United Specialty Insurance Comp 12537 Mikhhail Ogawa INSURER D : Progressive American Insurance 24252 3525 Del Mar Heights Rd #429 INSURER E: San Diego, CA 92130 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 SUBR ,:~M%~i 1,:~M%~1 LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY X B6045280643 04/01/2017 04/01/2016 EACH OCCURRENCE $1,000,000 ~ ~ CLAIMS-MADE [!] OCCUR DAMAGE WE RENTED $300 000 PREMISES Ea occurrence) ~ MED EXP (Any one person) $10,000 ~ PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Pi DPRO-DLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ D AUTOMOBILE LIABILITY 029980541 05/01/2017 05/01/2016 COMBINED SINGLE LIMIT $1,000,000 /Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED -SCHEDULED X AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $1,000,000 AUTOS /Per accident) r--r-- $ A ~ UMBRELLA LIAB ~ OCCUR B6045280688 04/01/2017 04/01/2016 EACH OCCURRENCE $2 000 000 EXCESSLIAB CLAIMS-MADE AGGREGATE $2 000.000 OED I I RETENTION$ $ B WORKERS COMPENSATION WCV5501101 12/31/2016 12/31/2017 X [~1iinrn= I [nH-AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [yJ E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A E&O EEH254102631 04/01/2017 04/01/2018 $2M Occ/ $4M Aggregate C Pollution USA4156838 02/05/2017 02/05/2018 $1 M Occ/ $2M Aggregate / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured with respects to General Liability when required by written contract per the attached form. Waiver of Subrogation applies. Certificate holder is additional insured with respect to general liability per attached endorsement. 30 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4668 -ECM#35050 ACCORDANCE WITH THE POLICY PROVISIONS. New York, NY 10163 AUTHORIZED REPRESENTATIVE I At-o- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3009067/M2779512 WSMRP INSURED: Mikhail Ogawa Engineering, Inc POLICY #: B6045280643 C'NA POLICY PERIOD: 04/01/2017 TO 041011201a SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED-LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED -BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a, "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c, Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its SB-146932-E (Ed. 06/11) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured -Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 ~NA due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury'' or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury'' arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or polltical subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: {a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or {b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests -Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or Page 2 of 5 C'NA (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury'' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products-completed operations hamrd." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement spectfically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY -DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D -Liability and Medical Expenses Limits of Insurance. Page 3 of 5 Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations haz:ard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, I, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organiz:ation with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 C'NA (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB-146932-E (Ed. 06/11) SB-146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re-defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. Page 5 of 5 INSURED: Mikhail Ogawa Engineering, Inc POLICY#: B6045280643 CNA Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB-146932-E (Ed. 06/11) POLICY PERIOD: 04/01/2017 TO: 04/01/2018 SB-146932-E (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, If you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR MUNICIPAL STORM WATER PROGRAM FACILITATOR SERVICES MIKHAIL OGAWA ENGINEERING, INC. ENV1342 ~This Amendment No. 1 is entered into and effective as of the =!±Vv day of ( .g.NV\,~ , 2016, extending the agreement dated December 21, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa Engineering, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Municipal Storm Water Program Facilitator Services. RECITALS A The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on December 21, 2017 on a time and materials basis not-to- exceed forty five thousand dollars ($45,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 ENV1342 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR MIKHAIL OGAWA ENGINEERING, INC., a California corporation By c/l!JJJ Mikhail Ogawa, President (print name/title) By: (sign her Mikhail Ogawa, Secretary (print name/title) CITY OF CARLSBAD, corporation of the St By: ATTEST: unicipal of California Jc~.IZriL11i~ /<(f'L BARBARA ENGLESON LJ - City Clerk 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: CELIA A. BREWER, City Attorney BY~~ Deputy City Attorney City Attorney Approved Version 1 130113 2 AGREEMENT FOR MUNICIPAL STORM WATER PROGRAM FACILITATOR SERVICES MIKHAIL OGAWA ENGINEERING ENV1342 THIS AGREEMENT is made and entered into as of the c-2 ( s-c day of DeecMbq= , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MIKHAIL OGAWA ENGINEERING, INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a Consulting Firm that is experienced in the implementation of Municipal Storm Water program. B. Contractor has the necessary experience in providing professional services and advice related to Municipal Storm Water Program. 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods 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 forty five thousand dollars ($45,000). 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 forty five thousand dollars ($45,000) 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 4/1/15 ENV1342 6. 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. 7. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus City Attorney Approved Version 4/1/15 2 ENV1342 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. 10.1 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. 1 0.1.1 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. 1 0.1.2 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. 1 0.1.3 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. 1 0.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 City Attorney Approved Version 4/1/15 3 ENV1342 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 James Wood Title Senior Environmental Specialist Department PW-Environmental City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Phone No. 760-602-7584 For Contractor Name Mikhail Ogawa Title Principal/ President Address 3525 Del Mar Heights Road #429 San Diego, California 92130 Phone No. (619) 994-7074 Email mikhail@mogawaeng.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. City Attorney Approved Version 4/1/15 4 ENV1342 16. 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. 17. 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The 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. 20. 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 City Attorney Approved Version 4/1/15 5 ENV1342 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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. 22. 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. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. 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. 25. 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 /II City Attorney Approved Version 4/1/15 6 City of Carlsbad Municipal Storm Water Program Facilitator August 13, 2015 Executive Summary Mikhail Ogawa Engineering Inc. (MOE) is a local North County based engineering and environmental firm that has a focus on urban runoff management program development and implementation, watershed management, regulatory support, and effectiveness assessment of storm water programs. MOE brings extensive experience in working in the City of Carlsbad, having developed the Carlsbad Watershed Management Area (CWMA) Water Quality Improvement Plan, assisted in the development of the City's 2008 and 2015 Jurisdictional Runoff Management Plans (JRMPs) and helping to shape the current regulatory permit driving the City's Municipal Storm Water Program needs. MOE provides unique qualifications of relevant storm water program management and facilitation experience, hands-on understanding of the regulations, and connections to watershed drivers and issues to facilitate the City's Municipal Storm Water Program. MOE is comprised of highly qualified professionals with the experience and expertise to assure the City of Carlsbad will have access to the right technical resources to best implement the Municipal Storm Water Program Facilitation services cost effectively. MOE brings the following key experience and expertise to successfully complete the scope of work (RFP#16-01) that includes facilitation of various components of the City's overall Storm Water Program: • Well Versed in Requirements of Order R9-2013-0001 and Program Requirements-MOE has experience in the development, implementation and assessment of watershed and jurisdictional compliance programs. MOE assisted in the shaping of the MS4 permit requirements for watershed-based planning, jurisdictional program development and implementation, monitoring, assessment, reporting and special studies. Furthermore, we developed the CWMA Water Quality Improvement Plan which is guiding the City's JRMP implementation. MOE will use this familiarity, with fresh and adaptable thinking, to meet requirements and assure compliance. • Team has Performed Similar Program Management and Facilitation Efforts Before-MOE has fulfilled and completed numerous storm water program management and facilitation projects. The scopes of these past and current projects range from complete program management and implementation services to providing as-needed facilitation services including: annual reporting, staff training, inventorying, site specific plan development and management and coordination with multiple jurisdictional departments to complete tasks at hand. Combining our deep knowledge of the required tasks, and their purpose, with our program management and facilitation experience, we can work effectively and efficiently to produce high quality work products for the City. With our extensive regional experience in programmatic implementation and ever-growing staff, MOE will be able to quickly respond to project needs with the proper resources to promptly and thoroughly complete project tasks. Our proposed method to accomplish the work begins with strong project leadership. Mikhail Ogawa will lead the project and he has served as project manager on many multi-year services type projects similar to the Municipal Storm Water Program Facilitator project. With 16 years of insight into issues that influence Copermittees, Mikhail will maintain a strong presence and role in all project tasks to assure a seamless effort with high quality work products. MOE will prepare necessary document deliverables for the work to be conducted throughout the project. We are sensitive to the value of staff time and will coordinate early with City staff to schedule tasks and deliverables in a manner that allows for ample review time by appropriate City staff. Furthermore, MOE is readily available and capable to perform more as-needed types of services at the discretion of City staff. ~C>E Project City of Carlsbad Municipal Storm Water Program Facilitator August 13, 2015 2 Experience and Technical Competence MOE has been responsible for developing, implementing assessing and reporting a variety of storm water programs related to in the local region that are germane to the City's Municipal Storm Water Program Facilitator project. This includes successfully completing tasks consistent with those described in the RFP scope of work, such as: .,. Developing, maintaining and updating municipal inventories .,. Developing and updating site specific Storm Water Pollution Prevention Plans (SWPPPs) for municipal facilities .,. Assessing BMPs for appropriate implementation and effectiveness .,. Training of municipal employees for topics related to storm water program management .,. Coordinating and leading meetings of city department representatives .,. Annual reporting, including performing fiscal analysis and preparing internal program summaries Having served in the lead role for these projects, MOE has a clear understanding of what is required and the level of effort necessary to successfully perform the tasks in providing program facilitation services. The table below identifies some of the projects that were lead and completed by MOE in recent years. These projects were completed in the local area and demonstrate technical expertise and competence in completing tasks that are consistent with those described in the RFP. Each of these projects is described in the narrative below or within the Project Organization and Key Personnel section and individual team members' resumes. In addition to having experience and technical competence for the core tasks described in the RFP, MOE also has experience in completing efforts identified in the Miscellaneous Tasks. These experiences are also noted in the table below. Relevant Municipal Storm Water Program Facilitator Services c: 0 ·.;::; "' c: V> V> ~ Q) ·~ 0 Q) 0 >-"' u V> 0 V> E Q) V> a. 00 'Ol5 c: E ·;::: 0.. 0.. E ~ :::> c: 2 0.. tl U-1 00 VI 'f c: ~ c: Q) c: ~ Q) Q) ~ ::E 'f V> 0 > VI E 0 0 ·;;; :::> g.ca .E v V> .... c: "" V> 0 c: c. >-c: a:~ ~ '(j Q) Q) Q) ~ <t c. Q) V> 00 E a: c: ~ :: V> <t ~ '(j c. <t c: t:: ~ ~a: E ·;: VI 0.. ·;: "' :::> ~ 00.<:. :::> 2l ::E 'iii c. c: v 2l 0 .... Q) c: V> ::E v; cQ .= 0 <t u:: .E a: 'i City of Del Mar Clean Water Program Management • • • • • • • • City of San Marcos Storm Water Program Management/Facilitation • • • • • • City of Solana Beach Storm Water Program Management • • • • • City of San Diego JURMP Annual Reporting • • • • City of Carlsbad JRMP Development and Program Support • • • City of Vista Storm Water Program Management • • • • • • City of La Mesa JRMP Development • • Relevant key categories of experience and expertise MOE possesses are as follows: .,. Jurisdictional Program Development, Implementation, Assessment and Reporting .,. Water Quality Improvement Plan Development .,. Watershed-Based Coordination Services and Jurisdictional Program Inputs • • • • • • • • • I V> ~ V> Q) :E_ > 0.. ~u. v a: <t Q) .,.<::: :::> .... 0 c: Q) ·-C:'O "' Q) = l.: Q) ·-v .... V> c: ·-Q) ;:E:g • • • • • • • 3 JM::OE City of Carlsbad Municipal Storm Water Program Facilitator August 13, 2015 3 Proposed Method to Accomplish the Work Compliance with the requirements of Order R9-2013-0001 is anything but "business as usual." Thus, while past experience and local knowledge will be critical, so will the ability to adapt and innovate to meet the new approach and requirements. Thoughtful prioritization of program features is critical to the success of the City's implementation of its JRMP. These regulatory changes require a careful blending of the proven and the innovative to be successful. MOE has proven to be capable on both fronts. The proposed method to accomplish the work described below is inclusive of all tasks identified in the RFP. 3.1 General Approach to Project Mikhail Ogawa, as the project manager, will maintain a strong presence and role in all tasks associated with the project. This will ensure a seamless effort with high quality work products and minimal administrative burden on the City of Carlsbad staff. Our experiences with jurisdictional and watershed programs, the CWMA Water Quality Improvement Plan (WQIP) and the City of Carlsbad JRMP allows MOE to hit the ground running. We will not be stalled by learning about the existing City specific program infrastructure. This is also translated through our understanding of the required schedules for completing the project tasks. Furthermore, as we are well versed in the requirements of Order R9-2013-0001, we will be cognizant of the appropriate timing of development of compliance related deliverables, e.g., annual reporting items, in context of due dates to the CWMA WQIP process a·nd RWQCB submittals. ,..----'-,, ' Documents and Work Efforts Related to Implementation of the City's Municipal Storm Water Program Facilitator Project 1. Carlsbad WMA WQIP 2. Portions of RWQCB Order R9-2013-0001 influenced by MOE 3. City of Carlsbad JRMP 4. Long-Term Effectiveness Assessments 5. Development, Implementation, Tracking, Assessment and Reporting of Multiple JRMPs in the local region Members of MOE are directly responsible for development of the '··--- documents and work products that will be used throughout the project implementation -see listing in text box. J .• Furthermore, as the CWMA Watershed Coordinator, Mikhail Ogawa and MOE staff will be able to efficiently communicate specific data and information requirements to City staff and MOE for assessment purposes. This is applicable to all tasks where coordination between the Watershed Coordinator and City staff is anticipated, e.g ., annual reporting data and program assessment information. 3.2 RFP Task 1: Municipal Inventory Within three (3) months of contract execution, MOE will develop an update to the City's existing municipal inventory for qualifying facilities and areas as identified in Provision E.5.a.(1 )(c) of the municipal permit. The facilities to be included in the inventory update are specifically identified in an inventory of existing municipal development within the City that can be used by City Staff to track and inspect facilities as required by the Permit. The information in this Geodatabase can be exported to a spreadsheet tool as necessary for ease of tracking, reporting, researching, and updating. During the initial year, MOE will work with City staff to verify municipal facilities and identify any additional facilities that may need to be added to the City's existing municipal inventory. MOE will work with City staff to obtain necessary information to compile the GIS Geodatabase including current inventory tracking applications or files used by the City to inspect facilities, applicable GIS shape files, and information as required in Provision E.5.a. of Order R9-2013-0001 . MOE will update the GIS Geodatabase on an annual basis per the Permit reporting requirements and develop an updated map of the inventoried locations. Based upon review of the City's previous municipal inventories (City's 2008 JURMP and subsequent annual reports), it appears that there were approximately 115 identified facilities and areas in the City's municipal inventory. Furthermore, the City appears to have historically identified the municipal facilities required of Order R9-2013-0001. It is assumed that City staff has continually updated its municipal inventory to include newly built municipal facilities and 6 1VlC>E City of Carlsbad Municipal Storm Water Program Facilitator Deliverables for this task include: ~ Draft Departmental Storm Water Input Solicitation Form ~ Draft Departmental Storm Water Input Solicitation Form ~ Draft Appendix D Form -by September 15 of each year ~ Final Appendix D Form -by October 20 of each year 3.9 RFP Task 8: Fiscal Analysis August 13,2015 MOE will work with the City to develop a format and procedure for fiscal analysis reporting. The fiscal analysis will build off of the Annual Reporting procedures developed in Task 7 and information from the Annual Reporting data collection forms. The fiscal analysis will include: ~ Expenditure categories, including description of capital, operation and maintenance, and other items deemed necessary to implement the City's storm water program ~ Staff resources necessary to implement the City's storm water program ~ Estimated storm water program expenditures for the current fiscal year ~ Funding sources for storm water program implementation, including any funding restrictions, for the current and next fiscal year MOE will provide a Draft fiscal analysis summary to the City for review and comment by September 15 of each year. After receiving City comments, MOE will address the comments and provide a Final Fiscal Analysis Summary to the City by October 20 of each year. The Fiscal Analysis Summary must be included with Attachment D (Task 7) or the WQIP Annual Report. Deliverables for this task include: ~ Draft Fiscal Analysis Summary-by September 15 of each year ~ Final Fiscal Analysis Summary -by October 20 of each year 3.10 RFP Task 9: Internal Annual Summary MOE will work with City staff to identify appropriate data and information to collect to perform appropriate program assessments for internal use as well as translation to the CWMA WQIP assessment processes. Furthermore, the internal annual summaries will also be available and capable of providing information necessary for any Regional Board Audits. Data collection will be through the standardized Annual Reporting data collection forms. MOE will work with the City staff to develop a standard template of information and data to be presented in each annual summary. As MOE was the prime contractor for the Carlsbad WMA WQIP development, we are well versed in the goals, strategies, and jurisdictional activities for the WMA as well as the City. This is important for understanding the necessary information and assessments for the City's iterative and adaptive management process in relationship to the CWMAWQIP. Deliverables for this task include: ~ Draft Internal Audit Summary-by September 15 of each year ~ Final Internal Audit Summary-by October 20 of each year 3.11 RFP Task 10: Progress Report Presentation to RWQCB In the event the City is required to develop a progress report for presentation before the San Diego Water Board, MOE will work closely with City staff to develop and present information as requested by the RWQCB. Deliverables for this task may include: ~ Presentation materials for a presentation in front of the San Diego Water Board 10 ~C>E City of Carlsbad Municipal Storm Water Program Facilitator August13,2015 3.12 RFP Task 11: Miscellaneous Activities This task is as-needed based on the needs of the City. Activities included in this task could include any program related implementation activities outside of those identified in Tasks 1-10 above. Tasks could include but are not limited to: data coordination, research, rigorous data analysis, standardization, implementation or incorporation of new City programs, responses to RWQCB correspondence, or assistance with Carlsbad Municipal Code changes and/or presentation to City Council. In the past, MOE has provided these types of services to the City. 11 eJVI.C>E City of Carlsbad Municipal Storm Water Program Facilitator August 13,2015 5 Project Organization and Key Personnel MOE is comprised of local technical experts in the field of urban runoff. All team members were selected for their knowledge of existing programs, "what's in their wheelhouse", as well as their ability to be innovative, "thinking outside the box". The organizational structure of the team that will be providing professional services is provided below. / 0 C'rty of ~rlsbad Project Manacer / 01\tf.C>E Mikhail Opwa, P.E. MOE ProjKt M1n1cer Supportinc Team Staff ........ Brett G1mble Jeff W1rner Chrlstlln Braun Franc.su de Leon Roles and Responsibilitie § Am1nd1 Nelson Th1ly1 Plrrill• Kelly Blrfcar Neheml1h MlrtiM:t MOE proposes to provide complete project services alleviating inefficiencies that may come as part of a consultant team. MOE possesses the experience and capabilities necessary to fulfill the project tasks as described in the RFP scope of work. MOE services include project management, QA/QC, ensuring work products meet regulatory compliance, and budget management. MOE staff will be providing technical services for all tasks of the project. MOE staff are fully committed to completing the services required of this project. Resumes of key personnel are attached to this proposal as Attachment 1. Project Manage ment The role of managing the team will be within Mikhail Ogawa's purview. This is not a role that Mikhail takes lightly. Mikhail Ogawa has served as the project manager on many multi-year services type projects similar to the City's Municipal Storm Water Program Facilitator project. As a strong project manager, Mikhail will work closely with the City and MOE staff to ensure a high level of efficiency and effectiveness. Frequent and transparent communication with the 13 1VlOE City of Carlsbad Municipal Storm Water Program Facilitator August 13,2015 City will enable the project to progress with minimal issues, both technically and contractually. MOE has experienced a growth period in the past several years. As we grow, we have been fortunate to have great team members join our company. We are proud of our process of taking the time to train our staff to be functional and contributing team members. This growth period adds to our spectrum of staff experiences allowing MOE to provide appropriate experience levels to project services to maintain our cost effectiveness while maintaining a high standard of service. As part of his role as project manager, Mikhail will carefully consider staffing each project task with appropriate level staff with appropriate levels of experience. Quality Assurance/Quality Control For this project Kelly Barker will be providing QA/QC oversight. The following process is proposed to be used for the City's Municipal Storm Water Program Facilitator project: 1. Prior to beginning any task for the City of Carlsbad, Mikhail Ogawa (Project Manager or PM) and Kelly Barker (QA/QC lead) will confirm the QA/QC requirements with the City for project deliverables. Ms. Barker will review all 14 eJVI:C>E City of Carlsbad Municipal Storm Water Program Facilitator August 13, 2015 QC documentation and reviews to confirm that appropriate QC has been performed for each project as determined necessary with confirmation from City staff. 2. For each project, the QA/QC lead will prepare a project control plan, which includes a QC Plan specific to the project. a. The plan will establish the goals and objectives, methods, project staff, and QC requirements that are necessary for proper development and implementation of the project. The plans will be updated as necessary as the project proceeds. Additionally, MOE will prepare a QC Plan for each project as necessary, with confirmation from City staff. b. The typical QC Plan will accomplish the following: ~ Identifies the level of detail to be applied to each review, including QC requirements for subconsultant(s), if utilized, and which milestones will require QC reviews. ~ Identifies the QC reviewers responsible for reviewing each task and the PM responsible for QA verification. ~ The QC Plan will include a review log to be utilized by the PM for tracking and documenting the QC process. The QA/QC lead will also utilize the review log to confirm that appropriate QC reviews have occurred. 3. As necessary, with confirmation of City staff, QC reviews will be outlined as work tasks and integrated into the project schedule. With the completion of each work product, the product author will assemble a set of documents to be reviewed by the designated QC reviewers. 4. In the event that any work product or deliverable is to be released to the City of Carlsbad before required QA/QC procedures have been performed, the following will be implemented: a. The PM will approve the release of the work product or deliverable, b. The documents will be marked "Draft/Review Copy -For Information Only," c. The City will be notified in the transmittal letter that the QC process has not been completed for the specified work products or deliverables. 5. All QA/QC documentation will be kept in project files to demonstrate that the project QA/QC requirements are met. The majority of deliverables provided by MOE are in the form of reports and are not likely to present a financial risk for the client. Regardless, internal QA/QC of work products are a built-in step of the process in order to present accurate and defendable submittals. Project Implementation Project tasks will be led by MOE's senior staff including: Mikhail Ogawa; Brett Gamble; Jeff Warner and Christian Braun. Appropriate staff with experience in each of the task areas will provide supporting services to complete tasks in a timely and cost effective manner. Prior to initiating any task, Mikhail, as the Project Manager, will coordinate with City staff to identify the most appropriate team members to staff any of the project tasks. Anticipated supporting staff members are identified in the organizational chart above. MOE has extensive experience in completing projects of similar scope and size. The projects identified in the following table demonstrate the depth and breadth of our relevant experience. Complete project descriptions for these projects are located in the resumes of the identified personnel. 15 e1Vl.OE City of Carlsbad Municipal Storm Water Program Facilitator I Project City of Del Mar Clean Water Program Management City of San M areas Stormwater Program Management City of Solana Beach JURMP Development and Implementation and JRMP Update City of Vista Storm Water Program Support Carlsbad WMA Water Quality Improvement Plan Development City of La Mesa JRMP Update Various Municipal Agency Existing Development Inspections and Inventory Updates City of Carlsbad JRMP Update City of San Diego JURMP Annual Reporting Long-Term Effectiveness Assessments (L TEAs) Key M OE Team Staff Mikhail Ogawa/ Kelly Barker/ Brett Gamble/ Amanda Nelson/ Jeff Warner Mikhail Ogawa/ Brett Gamble Mikhail Ogawa/ Brett Gamble Mikhail Ogawa/ Jeff Warner/ Amanda Nelson Mikhail Ogawa/ Kelly . Barker/ Amanda Nelson Mikhail Ogawa/ Thalya Parrilla Mikhail Ogawa/ Brett Gamble and other team members Mikhail Ogawa/ Amanda Nelson/ Kelly Barker Kelly Barker/ Mikhail Ogawa Mikhail Ogawa/ Brett Gamble/ Kelly Barker Relevance to Carlsbad Municipal Storm Water Program Facilitator The multi-year (five years) services provided by MOE include program development, source identification, strategy development, management of jurisdictional programs and participation in watershed efforts, e.g., CLRPs, TMDLs. Program implementation, tracking, assessment and reporting are directly related to the City of Carlsbad's proqram requirements. Developed previous and current City program. MOE was the de facto program manager for several years in the City of San Marcos. In this role, and subsequently, MOE maintained municipal inventories, coordinated with RWQCB, and implemented, tracked, assessed and reported the City's program. One of the key services provided to San Marcos was the coordination and hosting of monthly storm water meetings that included department representatives from those departments that were involved in the implementation and reporting of the City's program. These services are directly related to the City of Carlsbad's project scope. The City of Solana Beach's jurisdictional program has the same requirements as the City of Carlsbad's. This project provides more weight of evidence for the experience of MOE in developing successful programs that are compliant with the MS4 permit. MOE has provided as-needed program support services that are similar in scope to Carlsbad's project needs. MOE has provided program support services to the City of Vista for many years. These services have included program development, tracking, assessment and reporting. MOE has assisted the City in evaluating program practices and BMPs and provided recommendations for improvements to program functions and processes. The scope of services has been similar to Carlsbad's current program needs. MOE has been leading a team of professionals in the development of the Carlsbad WMA WQIP. Plan development has included coordination and facilitation of meetings of eight diverse Copermittee agencies, corresponding with the public and RWQCB and developing the plan. This project is directly related to the City's project in that the WQIP provides the guidelines for the City's jurisdictional program. Some of the tasks identified in the City's RFP are directly related to interfacing with the WQIP through prioritizing, reporting and assessment processes. MOE developed the most recent update to the City of La Mesa's JRMP document. Preparation of this document included similar tasks to the City's project scope -meeting with staff, evaluating programs and practices and making recommendations on program approaches. MOE Team has performed inspections and inventory updates for many local jurisdictions within the region, including but not limited to: Del Mar, San Marcos, Escondido, Vista, County of San Diego, and Dana Point. This experience allows the team to evaluate site specific conditions related to SWPPPs and implementation of appropriate BMPs in a cost effective manner. This project allowed MOE to reinforce its already strong knowledge of the City of Carlsbad's Jurisdictional Program. Insights into the variety of departmental functions related to tasks of the Facilitator project are invaluable. MOE understands the inter-departmental dynamics which will be important for annual reporting processes, inventory updates and SWPPP evaluations. This complex project requires detailed knowledge of the MS4 permit and requirements to collect correct data, analyze it and prepare seven consecutive annual reports for the largest most complex jurisdictional program in the region. Quality Control and Assurance played a large role in the success of this project and will translate to the City of Carlsbad's project. MOE developed systems that we propose to use in Carlsbad for data collection and verification during the annual reporting process. The L TEA efforts in 2005 and 2011 assessed water quality conditions, sources and strategies for the entire San Diego Region, including the City of Carlsbad's program. 16 August 13, 2015 Contact Information Kathy Garcia City of Del Mar (858) 755-9313 Reed Thornberry City of San Marcos (760) 744-1050 Dan Goldberg City of Solana Beach (858) 720-2474 Cheryl Filar City of Vista (760) 643-5412 James Wood City of Carlsbad (760) 602-7584 Joe Kuhn City of La Mesa (619) 667-1340 Variety -see individual project descriptions and resumes for contact information James Wood City of Carlsbad (760) 602-7584 Clem Brown City of San Diego (858) 541 -4336 Jon VanRhyn County of San Diego (858) 495-5133 olVI.C>E City of Carlsbad Municipal Storm Water Program Facilitator Principal Kelly Barker ................................ $135.00 Mikhail Ogawa ............................ $135.00 Travel Expenses: Transportation, lodging ............... Cost plus 15% MOE TEAM RATE SCHEDULES MOE: HOURLY RATE SCHEDULE Senior Scientists Christian Braun ........................... $120.00 Brett Gamble .............................. $120.00 Jeff Warner ................................. $120.00 REIMBURSABLE COSTS Subcontractors: Cost plus 5% Hourly rates for all firms are subject to a 5% annual escalation, beginning January 1, 201 18 August 13, 2015 Associate Scientists Francesca de Leon ..................... $11 0.00 Thalya Parrilla ............................. $110.00 Assistant Scientists Nehemiah Martinez .................... $98.00 Amanda Nelson .......................... $98.00 Other Direct Costs: Cost plus 5% ~OE City of Carlsbad Municipal Storm Water Program Facilitator August 13, 201 5 7 Statement of Unspecified Value-Added Offerings Value added offerings that MOE proposes to provide to the City at no additional cost are as follows : ,... As the Watershed Coordinator we will be ensuring that the data collected and assessed through the project tasks is appropriate for immediate integration into CWMA WQIP assessments with no further assessment by the City staff. ,... MOE has developed site specific facility SWPPP templates in the past and will provide any recommended changes to the City's current SWPPP documents. ,... MOE has developed annual reporting forms for standardized data and information collection for annual reporting and fiscal analysis. These will be provided to the City. These forms may also be used for some of the information and data gathering necessary for the Internal Annual Summaries. 8 Addenda to this Request for Proposals MOE has not received an addenda for RFP #16-01. 9 Exceptions to this Request for Proposals By submission of this proposal, MOE certifies that it takes no exception to the contents of RFP# 16-01, including the City of Carlsbad's Standard Professional Services Contract. City Attorney Approved Version 4/1/15 19 Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Monday, December 21, 2015 4:57 PM 'mikhail@mogawaeng.com' Rhonda Gasper-Heather; Janean Hawney Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for Municipal Storm Water Program Facilitator Services, ENV1342 - If your agreement states: 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 interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, (_City of Carlsbad Donna Heraty, CMC Deputy City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2808 Connect, ith u Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1