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HomeMy WebLinkAboutCGvL Engineers; 2001-04-12;AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ADDITIONAL ENGINEERING SUPPORT SERVICES RELATED TO THE FINANCIAL ASSISTANCE FOR THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT (CGvL ENGINEERS) This Amendment No. 1 is entered into and effective as of the 4th day 2001 (the “Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, (“CMWD”), and CGvL Engineers, (“Contractor”) (collectively, the “Parties”) for additional engineering support services related to the financial assistance for the Encina Basin Water Reclamation Program, Phase II Project. Of April , 200~, extending and amending the agreement dated April 12, RECITALS A. The Parties desire to alter the Agreement‘s scope of work to provide additional engineering support services related to the financial assistance for the Encina Basin Water Reclamation Program, Phase II Project; and B. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A“. With this Amendment, the total annual Agreement amount shall not exceed twenty one thousand dollars ($21,000). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit “A on a time and materials basis not-to-exceed ten thousand dollars ($10,000). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit “A by April 12, 2003. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill 1 General Counsel Approved Version #07.05.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CGvL ENGINEERS (sign here) - 8Av1b L. RauU:,vtCc; Mrs. (print namehiti&) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad designze ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel /peputy General Counsel 2 General Counsel Approved Version #07.05.01 CGvL KECEIVED ENGINEERS November 28,2001 Mr. William E. Plummer Deputy City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 FEB 11 2002 ENGINEERING DEPARTMENT 901-2398/91 Subject: Additional Engineering Support Service for Recycled Water System Phase II Expansion Financial Assistance Dear Mr. Plummer: CGvL Engineers has been assisting the City of Carlsbad (City) obtain fundmg for your recycled water system Phase 11 Expansion. Our primary work has involved assisting the City prepare and process an application for grant and low-interest loan funding through the State Water Resources Control Board (SWRCB). You have recently met with SWRCB staff to assess application status and define additionally required work. Our previous authorization was obtained from the City at the beginning of this year based on a November 2000 estimate. Recent requests to provide an update to the core application spreadsheet workbook and some related support have exhausted the remainder of that budget. To continue these tasks and provide some additional assistance will require more budget authorization. We hereby respectfully request your consideration for the additional work. Based on ongoing work with your staff, our November 14, 2001, meeting, and our recent discussions with City Finance Department staff, we estimate the following tasks are now required to complete this support work through your receipt of Concept Approval from the SWRCB: o Complete the refinements to the spreadsheet workbook, including assisting the City o Assist the City respond to additional questions and data requests by SWRCB staff o Make additional minor analytical updates and/or revisions to the application o Coordinate the draft financing plan (revenue program) with City Finance Department staff and provide them with an updateable spreadsheet version for their ongoing use select a final representation among several financing alternatives required for their actions 6 Hughes * Suite 100 Irvine - California - 92618 (949)454-3600 - FAX (949)454-3601 Website * www.cgvl.com Mr. William E. Plummer November 28,2001 Page 2 Based on currently remaining work and comparisons with similar jobs at this point of loan application progress, we anticipate needmg an additional $10,000 to perform the work effort defined. From your recent discussions with SWRCB staff, you expect to receive Concept Approval from their Board in January 2002. Therefore, we understand this additional support work would be provided approximately from now to February 2002. We appreciate this opportunity to offer these additional engineering support services to the City, and look forward to continue workmg with you and your staff on this important project. Please call me at (949) 454-3600 if you have any questions regarding this service extension proposal. Very tkly yours, CGvL ENGINEERS David L. Roohk Vice President DLR cc: Chris Muehlbacher, City Jim Cathcart, CGvL Engineers CGvL ENGINEERS Client#: 5229 CLiVLtNCilN ' AC~RD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYI 03/02/22 THIS CERTIFICATE IS ISSUED AS A MAl7ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dealey, Renton 8 Associates 600 S. Lake Avenue, Suite 308 Pasadena, Ca 91106 KE,CElVED INSURERS AFFORDING COVERAGE -~ ~~ "AKm INSURERI\: St. Paul Fire 8 Marlne CGVL Engineers 6 Hughes, Suite 100 ENGINEEEING lNSURERC: irvine, CA 92618 lNsURERriceGi77 ~~.. ~ ~~ ~ ~~ DEPA2T?.l3j? -INSU~"-- ~~~ -~ ___ - COMMERClALGENERALLlABlLlTY -7 CLAIMS MADE OCCUR - I _- ~~~~ GENLAGGREGATELIMITI\PPLIESPER: ;;1 n :~g r 1 LOC A - AUTOMOBIII LIABILITY BA00863014 PNY AUTO ALL OWNED AUTOS X SCHEDULEDAUTOS I I 1 05/23/01 05/23/02 COMBINED SINGLE LIMIT (Ea accident) ~~,~OO,OOO i BODILY INJURY I i (Pe,an,dsnI) I PROPERTY DAMAGE (Psranidenl) E GARAGE UABIUN OTHER WAN EAACC ANY AUTO I AUTO ONLY . EA ACCIDENT AUTOONLY AGG 5 UCESSUABIUTY EACH OCCURRENCE I 5 E OEDUCTIBLE I RETENTION I I 3 OCCUR u CLAIMS MADE AGGREGATE ._ . _- WORKERS COMPENSATION AND EMPLOVERS' UABlLlTY , on- WCSTAN. E_L_EACH ACCIDENT TORY LlMlIS s E.LDlSEASE-EAEMPLO_~~_._~~_.~~~- _~ , I B I OTHER Professlonal lPL508233 106/09/01 106/09/02 1 $I,OOO,OOO per claim 1 E.L DISEASE .POLICY LIMIT I E ~ lability ~ ~~~~~~ $2,000,000 ann1 aggr. The City of Carlsbad, The Clty of Carlsbad Redevelopment Agency, Housing Authority, Carlsbad Municipal Water District, its officials, employees and volunteers are named as additional insured with respect to llablllty arising out of activites performed by or on behalf of the named insured. (See Attached Descriptions) DESCRlPnMY OF OPERATIONYLDCATIMYSNEHlCLESlEXCLUSlMYS ADOED BY ENDORSEMENTSPECIAL PROVISIONS CERTIFICATE HOLDER I 1 MDmOllUYSURED:INSURERLE~R: ~ CANCELLATION Clty of Carlsbad Engineering Dept.;Attn:Donna Harvey Carlsbad, CA 92008 NOllCETOTHE CERTIFICATE HOLDERNMEDTOTHELEFT, B~~~S~X c lufmx~lll[xKK!RMR~m"~lll[x. 1635 Faraday Avenue SHWLD~YOFTHEAB~EDESCRlBEDPOC~IESBEC*NCELLEDBEFOREMEEXARATIW DATE THEREOF, THE ISSUING INSURER WlLLXY~MAlL%DA%WRI~N ="X AUTHOR12EDREPRESENTATIVE. 1 ACORD 25-5 (7/97) 1 of 2 #S72574/M59921 MAF @ ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) RE: Financial Assistance for the Encina Basin Water Reclamation Program, Phase I1 Project. AW25.3(07/97) 2 of 2 #S72574/M59921 Policy Number: BK00862845 Owners Lessees or Contractors (Form B) ADDITI~NAL INSURED Change(s) Effective: 03/02/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Carlsbad Engineering Dept.;Attn:Donna Harvey 1635 Faraday Avenue Carlsbad, CA 92008 SECTION 11.- WHO IS AN INSURED is amended to include as an insured the arising out of "your work" for that insured by or for you. person or organization shown in the Schedule, but only with respect to liability The City of Carlsbad, The City of Carlsbad Redevelopment Agency, Housing Authority, Carlsbad Municipal Water District, its officials, employees and volunteers are named as additional insured with respect to liability arising out of activites performed by or on behalf of the Reclamation Program, Phase I1 Project. named insured. RE: Financial Assistance for the Encina Basin Water PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CUBF 22 40 03 95 ACORD, CERTIFICATE OF LIABILITY INSURANCI&g1 I DPITE(MW0DIYY) 08/31/01 LODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATlON yerly Insurance Services E California Lic.POB82045 750 Sunrise Blvd., #250 itrus Heights CA 95610-7634 'hone:916-966-2019 Fax:916-966-2035 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLKIES BELOW. INSURERS AFFORDING COVERAGE SURED INsuRmR Everest National Insurance CO~ A*- XUr INSURER B: COVL En ineers INSURER C: Imine d 92618 6 Hughe4 Sulte 100 INSURER D INSURER E: I !A GENERAL LUBlLlM ML OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS City of Carlsbad NCImE TO THE CERFFKATE HOLDER NAMED TO THE LEFT, BUT FNLURE TO DO W Sw Mr. William Plunuaer Carlsbad CA 92008 1635 Faraday Avenue 4 BACORD CORPORATION 1988 I KEEP FOR YOUR RECORDS j :BUS.'NUMBER ,. BUSINESS TAX RECEIPT BUS. NO. 1209767 DATE ISSUED AGREEMENT FOR ENGINEERING SUPPORT SERVICES FOR PREPARATION OF FINANCIAL ASSISTANCE FOR THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT THIS AGREEMENT is made and entered into as of the /Is day of , I 2001, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as “District” and CGvL ENGINEERS, a California corporation, hereinafter referred to as “Contractor.” RECITALS District requires the services of an engineering services Contractor to provide the necessary engineering support services for preparation of financial assistance for the Encina Basin Water Reclamation Program, Phase II Project; and Contractor possesses the necessary skills and qualifications to provide the services required by District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Refer to Exhibit “A”, attached hereto and made a part hereof. 2. DISTRICT OBLIGATIONS The District shall provide any supplemental information regarding project costs, environmental documentation, District Board Resolutions, for the Encina Basin Water Reclamation Program, Phase II Project. Rev. 4/27/00 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the District and be completed within three hundred sixty five (365) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works Director. The Public Works Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by District inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not exceed $11,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The District reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the District. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the Executive Manager for one (1) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the District’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 2 Rev. 4/27/00 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within ten (10) days of completion and approval of the Financial Assistance Work, the Contractor shall deliver to the District the following items: Final responses to requests for information from the State Water Resource Control Board. 6. CHANGES IN WORK If in the course of the contract, changes seen merited by the Contractor or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the District may request a change in contract. Such changes shall be processed by the District in the following manner: A letter outlining the required changes shall be fonrvarded to the District by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the District and approved by the District according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. Rev. 4/27/00 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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 of making of this agreement. For breach or violation of this warranty, the District shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the Executive Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the District and all work in progress to the Public Works Director. The Public Works Director shall make a determination of fact based upon the documents delivered to District of the percentage of work which the Contractor has performed which is usable and of worth to the District in having the contract completed. 4 Rev. 4/27/00 Based upon that finding as reported to the Executive Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the District, the Contractor shall assemble the work product and put same in order for filing and closing and deliver said product to District. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The Executive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Codes sections 12650 et seq., the False Claims Act, 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 the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an 5 Rev. 4/27/00 administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the Board of Directors to disqualify the Contractor from the selection process. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 13. JURISDICTION Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the District. Contractor shall be under control of the District only as to the result to be accomplished, but shall consult with the District as provided for in request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the District for any purposes whatsoever. Rev. 4/27/00 The Contractor is an independent Contractor of the District. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The District shall not make any federal or state tax withholding on behalf of the Contractor or its employees or subcontractors. The District shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the District and the City of Carlsbad within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the District and the City of Carlsbad may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the District and the City of Carlsbad from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The District will provide copies of the approved plans to any other agencies. 7 Rev. 4/27/00 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the District, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the District. Contractor shall have the right to make one (1) copy of the plans for its records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in District and hereby agrees to relinquish all claims to such copyrights in favor of District. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the “District” and the “City” and their officers, officials, employees and volunteers from any and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission 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. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the District. Rev. 4/27/00 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the District 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 or indirectly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the District. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the District. 21. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of the District to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the District who is authorized in such capacity and on behalf of the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 9 Rev. 4/27/00 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the District, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The District has determined, using the guidelines of the Political Reform Act and the District’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 10 Rev. 4/27/00 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract 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 work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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 that “A-:V” and shall meet the District’s policy for insurance as stated in Resolution No. 772. A. Coveraaes and Limits Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the General Counsel or Executive Manager. 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the District). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11 Rev. 4/27/00 3. Worker’s Compensation and Employer’s Liability. Worker’s Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The District and the City of Carlsbad shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the District before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the District sent by certified mail. If the Contractor fails to maintain any of the insurance coverages required herein, then the District will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on 12 Rev. 4/27/00 existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the District to obtain and maintain such insurance and the District may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or the receive written notice on behalf of the District and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Public Works Director Name Address Lloyd Hu bbs 1635 Faraday Avenue Carlsbad, CA 92008 For Contractor: Title Name Vice President David L. Roohk Address 6 Hughes, Suite 100 k-vine, CA 92618 Architect/License Number: Architect/License Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. Ill Ill Ill Ill Ill Ill 13 Rev. 4127100 29. ENTIRE AGREEMENT This agreement together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 34 day of /%@JQ ,20& CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 I, and a . L, rim~,v~w WQwc (print name )and title) By: L34 Lu. 1/B/d Lmcn (print name/title) Architect/License Number c JESSIE A. LEE 8 4 COMM. #1280162 n NOTARY PUBLIC - CALIFORNIA ” ORANGE COUNTY 0 My Comm. Expires Oct. 13.2004 ? (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation,) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM RONALDW. BALL CMWD No. 14 Rev. 4127100 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT . personally appeare COMM. x1280162 NOTAfW PUBIJC - (%&t$vmm oRANaEcouwY 0 fWO~.~OCt.13.2004~ ti ersonally known to me OR u Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of person(s) acted, executed the instrument. OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and couldprevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL Ll CORPORATE OFFICER(S) Title(s) Ci PARTNER TITLE OR TYPE OF DOCUMENT Ci LIMITED Ci GENERAL NUMBER OF PAGES Q ATTORNEY-IN-FACT LI TRUSTEE(S) CL GUARDIAN/CONSERVATOR DATE OF DOCUMENT Ll OTHER: SIGNER(S) OTHER THAN NAMED ABOVE: NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING: 0 1997 Reproduction prohibited. Reorder from Merchants Bonding Company, 800-777-9126.