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HomeMy WebLinkAboutFailsafe Testing; 2025-11-04;Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 AGREEMENT FOR LADDER, AERIAL AND PUMP TESTING AND INSPECTION SERVICES FAILSAFE TESTING, LLC THIS AGREEMENT ("Agreement") is made and entered into as of the 4th day of November 20~ by and between the City of Carlsbad, California, a municipal corporation ("City") and Failsafe Testing, a limited liability company, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in ground ladder, aerial device and pump testing and inspections. B. Contractor has the necessary experience in providing professional services and advice related to ground ladder, aerial device and pump testing and inspections. 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 in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("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 offive (5) years from the date first above written. 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 Agreement term shall not exceed forty- five thousand dollars ($45,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit "A" or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit 11A. 11 Incremental payments, if applicable, should be made as outlined in attached Exhibit 11A. 11 Page 1 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450EOEDF8233 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 the 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 this 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 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 City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the cost to defend, shall not exceed Contractor's proportionate percentage of fault. Page 2 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City's self-administered workers' compensation program 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 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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. 10.1.4 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: 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. Page 3 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 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 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 four (4) years from the date offinal 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. Page 4 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450EOEDF8233 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 are: For Cit}:'.: For Contractor: Name Scott Tucker Name Diane Nedler Title Battalion Chief Title Office Manager Dept Fire Address 2037 W Bullard Ave #523 CITY OF CARLSBAD Fresno, CA 93711 Address 2560 Orion Way Phone 650-747-9599 Carlsbad, CA 92010 Email sched u Ii ng@fa ilsafetesti ng. net Phone 434-931-2141 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. 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. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes D No IZI If yes, list the contact information below for all individuals required to file: Name Email Phone Number 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. Page 5 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION, HARASSMENT, AND RETALIATIONPROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this City Attorney Approved Version 5/30/2025 Page 6 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 27. 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. This Agreement may be executed in counterparts. II II II Page 7 City Attorney Approved Version 5/30/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_3_1 ___ day of _o_c_t_ob_e_r ______ _, 20~. CONTRACTOR Failsafe Testing, a limited liability company (sign here) Justin Hill, President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: MICHAEL CALDERWOOD, Fire Chief ATTEST: SHERRY FREISINGER, City Clerk By: MORGEN FRY, Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!i.2. 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: CINDIE K. McMAHON, City Attorney BY: __ Juuu_·[u,_~._Th,,.t, __ Sr Assistant City Attorney City Attorney Approved Version 5/30/2025 Page 8 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 EXHIBIT A SCOPE OF SERVICES AND FEE FailSafe Testing, LLC ("Contractor") shall perform ground ladder, aerial device, and pump testing and inspections in full compliance with the most current editions of all applicable National Fire Protection Association (NFPA) standards, including but not limited to the standards listed below. If any referenced NFPA standard is updated or revised, the Contractor shall update all related processes, procedures, and testing methodologies to conform with the new requirements within one (1) year of their effective date, or within the compliance period specified by the NFPA, whichever is shorter. • NFPA 1901: Standard for Automotive Fire Apparatus • NFPA 1911: Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles • NFPA 1914: Standard for Testing Fire Department Aerial Devices • NFPA 1931: Standard for Manufacturer's Design of Fire Department Ground Ladders • NFPA 1932: Standard on Use, Maintenance, and Service Testing of In-Service Fire Department Ground Ladders All services shall be performed by personnel who are properly trained and certified to conduct the testing and inspections described herein. Services shall include, but are not limited to, testing and inspection in accordance with the manufacturer's recommendations and applicable NFPA standards. The City shall designate and prepare a testing site for all equipment. The City will be responsible for removing and reinstalling ladders from apparatus and storage locations for testing. If repairs are required, the Contractor shall perform basic repairs on-site at the testing location. A non-destructive test shall be conducted on each aerial ladder truck every five (5) years in accordance with NFPA standards. Following completion of services, the Contractor shall provide a comprehensive report identifying all ladders and devices tested and the corresponding results. The report shall be delivered to the City within seven (7) business days in both hard copy and electronic formats. PRICING Testing and inspection services shall be billed in accordance with the following rate schedule: Aerial Devices Annual inspection, testing and certification per NFPA $1,100.00 NOT Testing (5 year) $925.00 Ground Ladder Testing Inspection and testing per NFPA (per foot) $3.66 Set-up fee for less than 500 feet $300.00 Pump Testing Mobile pump testing per NFPA (per apparatus) $480.00 Set-up for less than 4 pumps $300.00 Repairs as needed (partial list) Rungs replaced $180.00 Wear sleeves $12.00 Heat sensors $2.50 City Attorney Approved Version 5/30/2025 Page 9 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 Angle & E-labels Length labels Alum attic end cap Halyard install Rope Pulley replaced Straighten ladder Clean and tune locks Set of rivets replaced Prong feet replaced Roof hooks replaced Set of locks Cable kit $2.50 each/$5.00 pair $2.50 $42.00 pair $30.00 $2.50 foot $120.00 $25.00 $25.00 $12.00 $102.00 -$120.00 $180.00 $180.00 $102.00 The Agreement amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. City Attorney Approved Version 5/30/2025 Page 10 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450EOEDF8233 ,,,---, ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/30/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Andrea Burqen, AINS AIS CISR Arthur J. Gallagher Risk Management Services, LLC ritJgNJo Extl: 559-750-5492 I FAX 501 W Main Street IAJC Nol: 559-750-5442 Visalia CA 93291 ~iiMo~~ss: Andrea Burqen(1v,ajq,com INSURER(S) AFFORDING COVERAGE NAIC# License#: 0069293 INSURER A: Burlinqton Insurance Company 23620 INSURED FAILTES-01 INSURER B: Emplovers Preferred Insurance Company 10346 FailSafe Testing, LLC INSURER c: AXIS Surplus Insurance Comoanv 26620 2037 W. Bullard Avenue #523 Fresno CA 93711 INSURER o: Infinity Select Insurance Companv 20260 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1502640377 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 ,~~rJ%MYY, /POLICY EXP LTR ,.,oh un,h POLICY NUMBER MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y 788BG0442605 8/1/2025 8/1/2026 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $100,000 -MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $1,000,000 POLICY JECT OTHER: $ D AUTOMOBILE LIABILITY y 50020123701 6/5/2025 12/5/2025 COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ $ A UMBRELLA LIAB Fl OCCUR 788BE0342705 8/1/2025 8/1/2026 EACH OCCURRENCE $2,000,000 f--X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 OED I I RETENTION$ "---$ B WORKERS COMPENSATION EIG290476706 8/1/2025 8/1/2026 X I ~ffTUTE I IOTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 C Professional Liability ENN611920 8/1/2025 8/1/2026 Each Wrongful Act Lim 2,000,000 Aggregate 2,000,000 Retention 2,500 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, its directors, officials, officers, employees, agents and volunteers are named Additional Insured in respects to General Liability and as required by written contract per company form CG201 O 1219 (attached). The City of Carlsbad, its directors, officials, officers, employees, agents and volunteers are named Additional Insured in respects to Auto Liability as required by written contract per attached company form 500BAE01. Insurance is Primary and Non-Contributory as respects General Liability per attached company form CG2001 0413. 30 Day Notice of Cancellation applies as respects General Liability per form IFGI0155 11/00 and as respects to Auto Liability per form to follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way Carlsbad CA 92010 AUTHORIZED REPRESENTATIVE USA / I (-_;,;,,,~ (:"":)-;:_...,¼--' © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 BLANKET ADDITIONAL INSURED ENDORSEMENT !Copy To Policy ID Number Expiration Date 50020123701 06/05/2025 12:01 a.m. Failsafe Testing, LLC Named Insured 16211 Karen Rd Madera, CA 93636 Failsafe Testing, LLC This endorsement is attached to and forms a part of the policy. No changes will be effective prior to the time changes are requested. This endorsement amends the policy as follows. Please read it carefully. 1. The definition of "Insured" is amended to include as an insured any person or organization which you are obligated by virtue of a written contract or agreement to add as an additional insured. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for the additional insured. There is no coverage for acts or omissions of any additional insured, their agent(s), or their employee(s). A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. The additional lnsured(s) shall not increase our limits of liability. 3. We will pay damages only if such damages arise out of acts of omission of: 500BAE01 a. You; or b. Any other insured except an additional insured added under the terms of this endorsement. We will not pay damages when the damages are caused solely by a person or organization added as an additional insured under the terms of this endorsement, their agent(s), or their employee(s). All other terms, limits, conditions and provisions of the policy remain unchanged. AMEND DATE: 12/05/2024 ENDORSEMENT: 1-1 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 POLICY NUMBER: 788BG0442605 NAMED INSURED: FailSafe Testing LLC INSURANCE COMPANY: The Burlington Insurance Company PRODUCER: AmWINS Insurance Brol~erage of California, LLC 0788 AMENDMENT -CANCELLATION NOTICE Schedule Type of Policy: Commercial General Liability Policy Term: Effective Date I Expiration Date 08/01/2025 08/01/2026 Mail Cancellation Notice to: City of Carlsbad 2560 Orion Way Carlsbad, CA 9201 0 Number of Days notice: 30 davs, except 1 o days tor Non-Payment of premium. We shall endeavor 10 mall written notice of cancellation to the entity(les) listed in the schedule above giving the number of days sl1own above in advance of !11e date of cancellation, but failure to do so shall Impose no obligation or liability of any kind upon us, our agents, or our representatives. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. IFG-I-0155 1100 Issue Date: 07/06/2025 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 POLICY NUMBER: 788BG0442605 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization for whom you are performing Any location(s) of your covered operations. operations, but only if you have agreed, in a written contract, to add such person or organization as an additional insured on your policy for that location or part thereof, provided such a written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 Docusign Envelope ID: D7C02F88-9CDA-409D-B830-450E0EDF8233 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1