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Home My WebLink AboutSCST Inc; 2016-09-29; TRAN1481TRAN1481 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO EXTEND THE MASTER AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES SCST, LLC. This ratification of Amendment No. 2 and Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and SCST, LLC., a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed materials testing services. RECITALS A. On August 14, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. On September 10, 2018, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2019; and C. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 2 lacked proper authority to sign; and D. The Parties desire to ratify Amendment No. 2 to the Agreement, retroactive to September 10, 2018; and E.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, City and Contractor agree as follows: 1.Amendment No. 2 to the Agreement is hereby ratified, retroactive to September10, 2018. 2.That the Agreement, as may have been amended from time to time, is herebyextended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 3.All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4.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: F5D40A57-52A7-4E81-91A0-5007A06F00E9 August 26th TRAN1481 City Attorney Approved Version 1/30/13 2 5.The individuals executing this Amendment and the instruments referenced onbehalf 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 SCST, LLC., a California Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Scott Chadwick, City Manager (sign here) (print name/title) ATTEST: By: For Barbara Engleson, City Clerk (sign here) (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: _____________________________ Deputy City Attorney DocuSign Envelope ID: F5D40A57-52A7-4E81-91A0-5007A06F00E9 John KirschbaumPresident, COO ~ I DATE(MM/DDNYYY) ACC,RC,® CERTIFICATE OF LIABILITY INSURANCE ~ 02/28/2019 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 CONTACT Aon Risk Services Northeast, Inc. NAME: PHONE (866) 283-7122 I Fffc. No.): (800) 363-0105 Stamford CT office (A/C. No. Ext): 1600 summer street E-MAIL stamford_CT_06907-4907 ~A_ ADDRESS: ------------- - - ------• ---~ -. - INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: continental casualty company 20443 SCST. LLC INSURERS: Liberty Mutual Fire Ins co 23035 fka SCST, Inc. & INSURERC: QBE Insurance corporation 39217 southern California soil & Testing, Inc. 6280 Riverdale Street INSURER 0: San Diego CA 92120 USA INSURERE: . •. ' INSU~~F: - COVERAGES CERTIFICATE NUMBER: 570075226391 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. Limits shown are as requested INSR TYPE OF INSURANCE ADDI :suBR POLICY NUMBER tM~Li:\g~ ,:g}-6'5~ LIMITS LTR INSD WVD B X COMMERCIAL GENERAL LIABILITY TBLZllB7J!lbHu,:~ U:J/UJ./.<Ul~ IU:J/Ult .,:u.,:c EACH OCCURRENCE $1,000,000 >--~ CLAIMS-MADE 0occuR DAMAGE TO RENTED $100,000 PREMISES /Ea occurrence) >--MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0PRO-0Loc $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: B AUTOMOBILE LIABILITY AS2-Zll-B7J86H-019 03/01/2019 03/01/2020 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ~ BODILY INJURY ( Per person) X ANY AUTO ~ OWNED -SCHEDULED BODILY INJURY (Per accident) ~ AUTOS ONLY AUTOS PROPERTY DAMAGE >--NON-OWNED HIRED AUTOS (Per accident) ~ ONLY >--AUTOS ONLY C X UMBRELLA LIAB H OCCUR CCU1317029 03/01/2019 03/01/2020 EACH OCCURRENCE $10,000,000 >--AGGREGATE $10 ,.ooo, 000 EXCESS LIAB CLAIMS-MADE OED I X I RETENTION $10,000 B WORKERS COMPENSATION AND WC2Zl1B7J86H049 03/01/2019 03/01/2020 XI PER I jOTH- EMPLOYERS' LIABILITY STATUTE ER Y/N $1,000,000 ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below . ,, Eel, DISEASE-POLICY LIMIT $1,000,000 A Archit&Eng Prof r, 'AEH591922550 09/15/2018 03/01/2020 Aggregate $5,000,000 Each claim $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: organiz~tional unit: City of Carlsbad, Public Works, Transportation, Engineering & construction, Agreement Name: As-Needed Materials Testing services, Agreement Number: TRAN1481. The city of earls ad/CMWD is included as Additional Insured in accordance with the policy provisions of the General Liabilit~ policy. A waiver of subrogation is 1ranted in favor of certificate Holder in accordance with the policy ~revisions oft e workers' compensation policy. Sheu d General Liability, Automobile Liability and workers' compensation po icies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance compliance services PO BOX 4668 -ECM #35050 ~~g~~~f-New York NY 10163-4668 USA i I I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD .. a, I;:: +l C: a, 32 .. a, "O 0 :::c: __ :., .. {..:·· .. 0 z ~ t.) I;:: ~ a, 0 POLICY NUMBER: TB2-Z11-B7 J86H-029 COMME.RCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLlcv.··p(E·AsE READ ITCAREFULL Y . . :AD'i:)IT'.IONJ~iLilNSOLJRED·'.~::t>'ESIGNAT.ED ·· . PERso·N.OR.ORGAN,ZATION .. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organi.zatioQ(s): ,, .' " ' ' All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. Location: All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. .{ ,.. ; '. '•, •' ·• ' I • • • • • ;;• •• ~ • . ,---. --·· lnformationcrequiredJo 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 your acts or omissions or the acts or omissions of those acting on your behalf: ·" ·1. · In 'the· perfofrhan'ce cif 'youf bngofrig' bperations; or 2. In connection with your premises owned by or rented to you. · · 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 .. w·ith respect· to th~. insur~nce 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. Require9 by the c.ontract or agreement; or ,,:, -.·,··.-~ ---,~ : ~~-.: : •-;; :.-... ; ,;: . -.. •·· · 2. Available ·under · the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement stiall .. not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2-Z11-87J86H-029 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. -PLEASE READ IT CAREFULLY. • \ : • ' • • ... ; ,• • • •• • ,' •• ·._ .., • :. • ,; -..... : • -~ • ;· •• • ~-•• • ;·_ ; • ·-· .. • • • • • • _1 ., • : '. • • • ! • ~ • . ' .. _. :.-•• : 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 All persons or organizations with whom you have entered into All locations as required by a written contract or a written contract or agreement, prior to an "occurrence" or agreement entered into prior to an "occurrence" or offense, to provide additional insured status. offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 'A. Section II, ..:.··-who.1s,.An: -lnsured--is :amended to -, --include as an· additional frisi.ired-the -person(s) or organization(s) shown in the Schedule, but only with respect tp liability-for ''bodily injury", "property damage" or "persona! 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. th~ perfq~~an,~~ .. ~f .yo\,lr _cmg_q!f19_-_qP,~~atio.11s for the addifionar insur!3d(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. <.': 8; _ With _respe~t tp _ t~e -insuran~e ·,aff9rc;led , to -t~~se additional insureds, the following additional ex_clusions 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 8,, .:·:>,: Jq<?clt~orv>f:. tt)~09qy.er~P.-qp,E;;),r,aijor1~r;h~s peen 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 sall}e project. ;•,-• --:_.· .. • • .,: C 0::.: ·._ ----· . .:.,,:-.~ t ~ ·:' ;_:. '.:-·.} ... . .. ,... . ... •.:• :·•.•.• -I .- . ;. . ·; {. ' -. . .-..... • .-•: •/•; 0 I CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional . insureds, the following ii;; adde9 to Section Ill .:... Limits Of Insurance: ' If coverage provid~d to the additiqnal insur_ed is required by a contract or agreement; the most we will pay on behalf of the ·additional insured is th-e amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown _in the Declarations; whichever is less: . · This endorsement shall . hot increase the applicable -Limits of. Insurance shown in the Declarations. ••••••a•.,,•- Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: TB2-Z11-B7 J86H-029 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 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (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. (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 POLICY NUMBER:TB2-Z11-B7 J86H-029 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 ~.. . , . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To .Us of Section IV -Conditions: · · · · We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for· injury "or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. . ... ' ' . .._~ ;:' CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 □ Policy Number AS2-Z11-B7 J86H-019 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under"the following: BUSINESS AUTO COVERAGE FORM I. II. 111. IV. V. . VI. VII. VIII. IX. X. XI. XII. XIII. XIV. xv. XVI. XVII. XVIII. XIX. xx. XXL XXII. XXIII. Newly Acquired or Formed Organizations Employees as Insureds Lessor -Additional Insured and Loss Payee Supplementary Payments -Increased Limits Fellow !=mployee Co~erage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible -Single Deductible Physical Damage Deductible -Glass Physical Damage Deductible -Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Worldwide Liability Coverage -Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage -Broadened Coverage for Designated Individuals Rental Reimbursement Coverage · Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 071117 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. · Carry-over balances from previous loans or leases. This coverage is limite~ to a maximl!m of $1,500 for each covered "auto". XX:11. LIMITED MEXICO COVERAGE ' ' . WARNING . . . .· AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY -NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B. 7. of SECTION IV -BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United _States border; and . ' b .. W.hile on .a trip into Mexi90 for 10 days or less. 2.' For coverage providec:l by this ·section of .the ericforsement, ·Paragraph ·_s:s. Other Insurance :in SECTION IV -BUSINESS AUTO CONDITIONS is replac'ed by the· following: . ·· . The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XX:111. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV -BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 071117 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2-Z11-B7 J86H-019 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT ·c·HANGES THE POLICY. PLEASE READ IT CAREFULLY . .. . ... . . D.ESIGNATE.D INSURED FOR COVERED AUTOS LIABILITY COVERAGE . .. . . . -· . _____ _This endorsement.modifies insurance proy:i_ded under .the _following:_ AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. ·· ·-· ··',.. ·· ,. · ·---· · ··-· ·' ·· · ; · ·· ·· .~ ·· -· · ··· · This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Persori(s)Or Organization(s): . . . ·. . . . Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage an,d minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or'the.limits·of insurance provided in this policy. · Information required to complete this Schedule, if not ·shown above,. will be sti'own jn the' Declarations. Each person or organization shown in the Schedule is_ an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier. Coverage Forms and Paragraph D.2. of Section I -. Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-Z11-B7 J86H-019 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLE.ASE READ IT CAREFULLY. . . . ' ' . ' -• - DESIGNATED INSURED -t,,!ONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. · This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or. organi?'.atior:i. named. in.the Schedule. (This agree_ment applies only to the extent that you perform work under a writteh·cc:intract thaf requires· you to obtain this agreement from us.) This agreement shall not operate directiy o/1ndirectly to benefit anyone riot named in the Schedule. - -Schedule - Where required by contract or written agreement prior to loss and allowed by law. Issued by: Liberty Mutual Fire Insurance Company For attachment to Policy No WC2-Z11-87 J86H-049 Effective Date 3/1/19 Issued to: Atlas Technical Consultants Holdings LP WC 00 0313 Ed. 4/1/1984 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 POLICY NUMBER: TB2-Z11-B7 J86H-029 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. ·PLEASE READ IT CAREFULLY. ADDITIONAL. INSURE.D ~:OWNERS, t;ESSEES OR CONTRACTORS ~ COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE ·-. =---Narrie ·orAddltional lnsured·Pers·onls) ----. ·~-i-~· ~ ..... ~ ,._ ---·~·~._-,~-:····•-°;"'·• ... -·-· ..... .,,_ -.,•.•----....t• •• _ ..... -..-·-? . , ... _.._. Or Organization(s) Location And Description Of Completed Operations All persons or organizations who you are required to name Any location and operation listed in such agreement. as Additional Insured per written contract or agreement, prior to an "occurrence" or offense. ., .. .. ··• .. - Information required-to complete this Scheclule~ ifnot shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or . '.'property d_an;iage" 9aus!3d, in wh9le or !n p~rt. _by _ "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured -and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional - insured only -applies to the extent permitted - by law; and --· 2. If coverage provided to the ~dditional ins4red. _ . is required by a contract or agreeme'nt,·· the insurance afforded to such additional insured· will not be broader ·than thal 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 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 shown in the Declarations; whichever is l~ss. • This endorsement shall not increase the applicable Limits of Insurance shown in the De.clara.tions. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-Z11-B7 J86H-029 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION . 'COMBINED AGGREGATE'll°MITS ._ WITH TOTAL AGGREGATE l:.IMIT . •· FOR ALL PROJECTS AND LOCATIONS_ . This endorsement modifies-insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be .attributed only to ongoing operations at a single designated CQDstructlorJ project. or .a.?]ngle c;lesignated "location": · 1. A separate Designated General Aggregate Limit applies to each designated construction project and to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Section I -Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Section I -Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated "location". 4; The limits shown in the Declarations for Each Oq:urrence, Damage to Premises Rented to. You and ,.,,... ,_,,_ ., Medidar·~xµens"e "c:ori'tfriue ''to "'apply'.·. However, instead •·of being subject to tlie Gerieral Aggregate · Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit and the Total Aggregate Limit for all Projects and Locations. 5. The Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by "occurrences" under Section I -Coverage A and all medical expenses caused by accidents under Section I -Coverage C which can be attributed only to ongoing operations at a designated construction project or designated "location" shown in the Schedule of this endorsement, regardless of the number of construction projects, "locations", "occurrences" or accidents. 6. Each Designated General Aggregate Limit is subject to th~ Toti Aggregate Limit for. all-Projects and Locations shown in the Schedule of this endorsement.····. · · · B. For all sums which the insured becomes legally obligated . to pay as damages. caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under . Section I -Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project or single designated "location": LC 2519 0115 © 2014 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated General Aggregate Limit. C When, coverage::for. liability ,arising out of the ,"products-completed operations ·hazard'!· .is provided, any payments for damages because of "bodily injury'' or "property damage" included in the "products-completed operations hazard". will reduce the .,F~roducts:-Completed , Oper.atipns ., .. Aggregate Limit, and not reduce the General Aggregate Limit nor:the Designated General. Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "location". F. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Schedule Designated Construction,Project(~)'or:De~ig11ated Loc,ation(s):, . ' ' .. ' . ' ' ... · ..... , ... ; 'All "locations'.' and all·construction projects at which you 'are performing ongoing operations.'::: ' · .. ~ ' < \ Total Aggregate Limit for all Projects and Locations: $8,000,000 ~ ., ,, i .• '. :· ' ·-. ~..-: .. . -~ ..... , : . ·~ ; ' ·,! ~--' ' : • -~·-.t,· ~ .. ' .. ' ' . ,' ~ . :· •· . ' ' ... : . . . . . . .." ... '. _ .. ·.1•",·. '•,, <...: r :·t.-· _;·,~r i·-\l:. ~ • .,.J . • • ' J ~ • -~ .,~ ~: • •·.,. , . , .. ,;·::,• ... :-~ ... '· . . . LC 2519 0115 · © 2014 Liberty Mutual Insurance Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TRAN1481 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES SCST, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and SCST, Inc, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On August 14, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will 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, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: AF8191F8-F1E9-4265-9336-2610213F5543 10th September TRAN1481 City Attorney Approved Version 1/30/13 2 4. 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, SCST, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick, City Manager Neal W. Clements / CEO (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON John Kirschbaum / Secretary City Clerk (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: _____________________________ Deputy City Attorney DocuSign Envelope ID: AF8191F8-F1E9-4265-9336-2610213F5543 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/23/2018 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property &Casualty Company of America 25674 SOCALIF-01 Berkley Insurance Company 32603SCST,Inc.(fka Southern California Soil &Testing,Inc.)6280 Riverdale StreetSanDiegoCA92120 Charter Oak Fire Insurance Co.25615 1685627828 C X 1,000,000 X 1,000,000 X Cross Liab Incl 10,000 X Sevof Int Incl 1,000,000 2,000,000 X X X Y DTCO5K369090 1/30/2018 1/30/2019 2,000,000 Deductible $0 A 1,000,000 X Y DT8105K372820 1/30/2018 1/30/2019 A X X 9,000,000 0 CUP5K372426 X 9,000,000 1/30/2018 1/30/2019 B ProfessionalLaibility AEC901875701 1/30/2018 1/30/2019 Each ClaimAggregate $2,000,000$4,000,000 Re:Agreement Number :CA1294,Agreement Name :MA -Geotechnical Services /City.Additional Insured coverage applies to General Liability for City ofCarlsbad/CMWD per policy form.Excess/Umbrella policy follows form over underlying policies:General Liability and Auto Liability (additional insured andwaiverofsubrogationapply).Professional Liability -Claims made form,defense costs included within limit.If the insurance company elects to cancel ornon-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWD1635FaradayAve.Carlsbad CA 92008 DTCO5K369090 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE – INCREASED LIMITB. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE – TRANSPORTATIONC. EMPLOYEE HIRED AUTO EXPENSES – INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS K. AIRBAGSE. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSSF. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, but only for damages to which this insuranceThe following is added to Paragraph A.1., Who Is applies and only to the extent of that person's orAn Insured, of SECTION II – LIABILITY organization's liability for the conduct of anotherCOVERAGE:"insured".Any organization you newly acquire or form C. EMPLOYEE HIRED AUTOduring the policy period over which you maintain 50% or more ownership interest and that is not 1. The following is added to Paragraph A.1., separately insured for Business Auto Coverage.Who Is An Insured, of SECTION II – Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the An "employee" of yours is an "insured" whileorganization or the end of the policy period,operating an "auto" hired or rented under awhichever is earlier.contract or agreement in that "employee's"B. BLANKET ADDITIONAL INSURED name, with your permission, while performing The following is added to Paragraph c. in A.1., duties related to the conduct of your Who Is An Insured, of SECTION II – LIABILITY business. COVERAGE:2. The following replaces Paragraph b. in B.5., This includes any person or organization who you Other Insurance, of SECTION IV – are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or b. For Hired Auto Physical Damageorganization, that is signed by you before the Coverage, the following are deemed to be"bodily injury" or "property damage" occurs and covered "autos" you own:that is in effect during the policy period, to name CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permissionDo not attach this form to a policy. It is for informational use only.Policy No. DT8105K372820 COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business.(a) You must arrange to defend the However, any "auto" that is leased, hired,"insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto".keep us advised of all proceedings and actions.D. EMPLOYEES AS INSURED (b) Neither you nor any other involvedThe following is added to Paragraph A.1., Who Is "insured" will make any settlementAn Insured, of SECTION II – LIABILITY without our consent.COVERAGE: (c) We may, at our discretion, participateAny "employee" of yours is an "insured" while in defending the "insured" against, orusing a covered "auto" you don't own, hire or in the settlement of, any claim orborrow in your business or your personal affairs. "suit".E. SUPPLEMENTARY PAYMENTS – INCREASED (d) We will reimburse the "insured":LIMITS (i) For sums that the "insured"1. The following replaces Paragraph A.2.a.(2), legally must pay as damagesofSECTION II – LIABILITY COVERAGE: because of "bodily injury" or(2) Up to $3,000 for cost of bail bonds "property damage" to which this(including bonds for related traffic law insurance applies, that theviolations) required because of an "insured" pays with our consent,"accident" we cover. We do not have to but only up to the limit describedfurnish these bonds.in Paragraph C., Limit Of Insurance, of SECTION II –2. The following replaces Paragraph A.2.a.(4), LIABILITY COVERAGE;of SECTION II – LIABILITY COVERAGE: (ii) For the reasonable expenses(4) All reasonable expenses incurred by the "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work.your defense of the "insured" F. HIRED AUTO – LIMITED WORLDWIDE against any such "suit", but only COVERAGE – INDEMNITY BASIS up to and included within the limit described in Paragraph C., LimitThe following replaces Subparagraph e. in Of Insurance, of SECTION II –Paragraph B.7., Policy Term, Coverage LIABILITY COVERAGE, and notTerritory, of SECTION IV – BUSINESS AUTO CONDITIONS: in addition to such limit. Our duty to make such payments endse. Anywhere in the world, except any country or when we have used up thejurisdiction while any trade sanction,applicable limit of insurance inembargo, or similar regulation imposed by the payments for damages,United States of America applies to and settlements or defense expenses.prohibits the transaction of business with or within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance availablelease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis."auto" you lease, hire, rent or borrow from (3) This insurance is not a substitute forany of your "employees", partners (if you are required or compulsory insurance in anya partnership), members (if you are a limited country outside the United States, its Page 2 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permissionDo not attach this form to a policy. It is for informational use only. COMMERCIAL AUTO territories and possessions, Puerto Rico Personal Effects and Canada.We will pay up to $400 for "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1)Owned by an "insured"; andcountry up to the minimum limits required (2)In or on your covered "auto".by local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effectssame extent we would have been liable coverage.had you complied with the compulsory K. AIRBAGSinsurance requirements. (4)It is understood that we are not an The following is added to Paragraph B.3., admitted or authorized insurer outside the Exclusions,ofSECTION III – PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one orCanada. We assume no responsibility for more airbags in a covered "auto" you own thatthe furnishing of certificates of insurance,inflate due to a cause other than a cause of "loss"or for compliance in any way with the set forth in Paragraphs A.1.b.and A.1.c., butlaws of other countries relating to only:insurance.a.If that "auto" is a covered "auto" forG. WAIVER OF DEDUCTIBLE – GLASS Comprehensive Coverage under this policy; The following is added to Paragraph D.,b.The airbags are not covered under anyDeductible, of SECTION III – PHYSICAL warranty; andDAMAGE COVERAGE:c.The airbags were not intentionally inflated.No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for anyglass damage if the glass is repaired rather than one "loss".replaced. L. NOTICE AND KNOWLEDGE OF ACCIDENT ORH. HIRED AUTO PHYSICAL DAMAGE – LOSS OF LOSSUSE – INCREASED LIMIT The following is added to Paragraph A.2.a., ofThe following replaces the last sentence of SECTION IV – BUSINESS AUTO CONDITIONS:Paragraph A.4.b.,Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE:representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" isHowever, the most we will pay for any expenses known to:for loss of use is $65 per day, to a maximum of $750 for any one "accident".(a)You (if you are an individual); I. PHYSICAL DAMAGE – TRANSPORTATION (b)A partner (if you are a partnership); EXPENSES – INCREASED LIMIT (c)A member (if you are a limited liability The following replaces the first sentence in company); Paragraph A.4.a.,Transportation Expenses, of (d)An executive officer, director or insuranceSECTION III – PHYSICAL DAMAGE manager (if you are a corporation or otherCOVERAGE:organization); or We will pay up to $50 per day to a maximum of (e)Any "employee" authorized by you to give$1,500 for temporary transportation expense notice of the "accident" or "loss".incurred by you because of the total theft of a M. BLANKET WAIVER OF SUBROGATIONcovered "auto" of the private passenger type. The following replaces Paragraph A.5., TransferJ. PERSONAL EFFECTS Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,of SECTION IV – BUSINESS AUTOCoverage Extensions, of SECTION III –CONDITIONS:PHYSICAL DAMAGE COVERAGE: CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permissionDo not attach this form to a policy. It is for informational use only. COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph B.2., We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV – BUSINESS AUTO CONDITIONS: extent required of you by a written contract The unintentional omission of, or unintentionalsigned and executed prior to any "accident"error in, any information given by you shall notor "loss", provided that the "accident" or "loss"prejudice your rights under this insurance.arises out of operations contemplated by However this provision does not affect our right tosuch contract. The waiver applies only to the collect additional premium or exercise our right ofperson or organization designated in such cancellation or non-renewal.contract. Page 4 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved.CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permissionDo not attach this form to a policy. It is for informational use only. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/11/2017 Alliant Insurance Services, Inc.701 B St 6th FlSan Diego CA 92101 SCST, Inc.fka: Southern California Soil & Testing, Inc.6280 Riverdale StreetSan Diego CA 92101 Travelers Casualty &Surety Co 31194 Diane Clark 619-849-3783 619-699-2165 dclark@alliant.com SCSTINC-01 2092555903 A Y UB-4H963122 9/15/2017 9/15/2018 X 1,000,000 1,000,000 1,000,000 Y Waiver of Subrogation is provided as required by written contract. Re: Project 15-0494P3.4 - Carlsbad MWD, Palomar Airport Water Main Repair City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York NY 10163-4668 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES SCST, INC. TRAN1481 This Amend ent No. 1 is entered into and effective as of the /L/ t/J day of ~~~C::1;..4,,£~-"._l~----' 2017, extending and amending the agreement dated September l 9, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and SCST, Inc., a California corporation ("Contractor") (collectively, the "Parties") for as-needed materials testing 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. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2018 on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will 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, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 TRAN1481 4. 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 SCST, INC., a California corporation By: (sign here) Neal W Clements, PE -President (print name/title) By: ~) .lob a Kirscbba1 ,rn -Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ¥ard, C~nager ATTEST: \l\rw Ao. /Zn] ~ &"-- Barbara Engleson, 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 /30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 7/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1---REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I 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 CONTACT Certificate Department NAME: Cavignac & Associates P!]£>N.t ~~,. 619-744-0574 I Ff-,~ "-'· 619-234-8601 4 'SO B Street, Suite 1800 ~;.,~~~""· certificates@cavignac.com San Diego CA 92101 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Indemnity Co of Conn 25682 !~~SURED SOCALIF-01 INSURER B: Travelers Property & Casualty Com pa 25674 SCST, Inc. INSURER c ,Berkley Insurance Company 32603 ""a Southern California Soil & Testing, Inc.) INSURERD: 6280 Riverdale Street San Diego CA 92120 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1504891647 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. ,·.,R '" ,~, POLICY EFF POLICY EXP "R TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYYl (MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY y 6806H774251 1/30/2017 1/30/2018 EACH OCCURRENCE $1,000,000 f--D CLAIMS-MADE GJ OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence\ $1,000,000 ~ Cross Liab Incl MED EXP (Any one person) $10,000 JS._ Sev of Int Incl PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 : Pl POLICY 0 m?r 0Loc I PRODUCTS -COMP/OP AGG $2,000,000 I OTHER: Deductible $$0 i AUTOMOBILE LIABILITY BA9D791479 1/30/2017 1/30/2018 (E';;~~~~~~lNc,Lt: LIMIT $1,000,000 -1 X ANY AUTO BODILY INJURY (Per person) $ I ~ ALL OWNED ~ SCHEDULED I AUTOS AUTOS BODILY INJURY (Per accident) $ f--f--NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accidentl $ f--f--$ !- HOCCUR I I UMBRELLA LIAB EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under E.L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS below -- Professional Laibility AEC901494600 1/30/2017 1/30/2018 Each Claim $2,000,000 Aggregate $4,000,000 l , SCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ~e: TRAN1481-As-Needed Material Testing Services. Additional Insured coverage applies to General Liability for City of Carlsbad, its ifficers, officials, employees, agents and volunteers per policy form. Professional Liability -Claims made form, defense costs included within mit. CERTIFICATE HOLDER I City of Carlsbad Attn: Contract Administration 1635 Faraday Avenue Carlsbad CA 92008 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,,.") (;~ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,/ ./ Policy Number: 6806H774251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization · for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the ''written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for \IIJhich coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG 03 81 0915 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page2 of2 © 2015 The Travelers Indemnity Company. All rights reserved. CGD3810915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/18/2017 I 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. r-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 endorsementlsl. PRODUCER CONTACT Diane Clark NAME: A '1ant Insurance Services, Inc. ;,n9N.,En ~-•· 619-849-3783 I~!':~··-·· 619-699-2165 ~-1 B St 6th Fl S in Diego CA 92101 ;~nA~~ee.dclark@alliant.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA ,Travelers Prooertv Casualty Co of A 25674 1r,;SURED SCSTINC-01 INSURERS: s·_::sT, Inc. INSURER C: fha: Southern California Soil & Testing, Inc. INSURER D: E'.>80 Riverdale Street San Diego CA 92101 INSURER E: ~ INSURER F: COVERAGES CERTIFICATE NUMBER-2066389503 REVISION NUMBER· i 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. ;R TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS l'c "R INSD WVD POLICY NUMBER /MM/DD/YYYYl I (MM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ '--D CLAIMS-MADE D OCCUR DAMAGE TO RENTED '--PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ ~ i ~ PERSONAL & ADV INJURY $ I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ I R DPRO-D POLICY JECT LOG PRODUCTS -COMP/OP AGG $ 1 $ I OTHER: ,-- (E~~~~~~~lNc,LE LIMIT $ AUTOMOBILE LIABILITY i ~ I ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ ~ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident\ $ ~ ~ $ ~ UMBRELLA LIAB h OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION UB-004H963122 9/15/2016 9/15/2017 I PER I I OTH-y X STATUTE ER AND EMPLOYERS" LIABILITY YIN ANY PROPRIETOR/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 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below ,__ SCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) : .Vaiver of Subrogation is provided as required by written contract. -~e: TRAN1481 -As Needed Material Testing Services ~ity of Carlsbad, its officers, officials, employees, agents and volunteers. ' - C ERTi FiCA TE HOLDER CANCELLATION City of Carlsbad Attn: Contract Administration 1635 Faraday Avenue Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~~~ ~ ____ .,__, _______________________ .._ ___________________________ __J © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD TRAVELERfr" ONE TOlfER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LtABfllTY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-004H963122 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this potJcy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 3 . o % of the canromla workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHIQi TI£ INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to vmlch It is attached and IS effective on the date issued unless otherwise stated. (The infonnation below iS required only when this endorsement is issued subsequent to preparation of the policy.) · Endorsement Effective: 9/15/2016 Polley No. Endorsement No. Insured : SCST, Inc. Premium Insurance Company Countersigned by { fuutla/4 DATE OF ISSUE: 9/15/2016 ST ASSIGN: Page 1 of 1 AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (SCST, INC.) / 1 THIS AGREEMENT is made and entered into as of the 2 qtt1._ day of se~ I 20~ by and between the CITY OF CARLSBAD, a municipal corporat1o 7'CitY")lalldSCST, Inc., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in materials testing. B. Contractor has the necessary experience in providing professional services and advice related to materials testing on private as well as municipal projects. 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 year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one 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 six hundred thousand dollars ($600,000). 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 six hundred thousand dollars ($600,000) per Agreement year. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 2/29/16 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax with holdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and City Attorney Approved Version 2/29/16 2 volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City Attorney Approved Version 2/29/16 3 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES City Attorney Approved Version 2/29/16 4 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 Fred Gaines Jr. Title Management Analyst Department Transportation/CM&I City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92039 Phone No. 760-602-7557 For Contractor Name Neal W Clements, P E Title Owner/CEO Address 6280 Riverdale Street Phone No. Email San Diego, California 92 I 20 619-280-4321 nclements@scst com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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 City Attorney Approved Version 2/29/16 5 Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 2/29/16 6 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) , Neal W Clements P F -President (print name/title) By: ~ere) - John Kirschbaum -Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California AUTHORIZED TO SIGN ~y Manager CJ(' Mayor or-DivisiOI 1 Di1 ecto1 as authorized by the City Manager)] ATTEST: BARBARA ENGLESONl.______ City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f a corporation, Agreement must be signed by one corporate officer from each of the following two groups. City Attorney Approved Version 2/29/16 7 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: _____!:::e:~~~~::::::::::::::::.....:::::..:;~.~ Assistant City Attorney ~~ AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (SCST, INC.) City Attorney Approved Version 2/29/16 8 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed materials testing services in accordance with the city's Request for Qualifications with Fee Proposal dated April 25, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. City Attorney Approved Version 2/29/16 9 SCST, Inc.-City of Carlsbad On-Call SdNtblk of Fns/01' Profnsloul Sn'Ykn-Prntliling Wage Eff«tiu Ja.., 1, Z016 PROFF.SSIONAI. SER\1CES Profnsioul (EII,U.eering, Ci«<kiD, EnYiroffiiHIIIGI) SCST.Inc. Corporat• w .. clct..,.,.•" 6]80 R•v•rd•l• 5tr••l San D•ago CA 92120 ' 0192&0 4,521 ; &77 215 <132' • 619260<1717 .> WW .. \S(.St ('('\.-, Principal EnJineeri<Jeologist ........................................................................................................................ $174 Senior EnJineer!Oeologist ............................................................................................................................... 146 Staff EngineerfGeologist ................................................................................................................................. 116 Tet:ltllida & lup«lor Quality Con1rol Specialist .............................................................................................................................. $106 Group 1 .............................................................................................................................................................. 98 Group 2 .............................................................................................................................................................. 98 Group 3 .............................................................................................................................................................. 98 Off Site Inspector ............................................................................................................................................... n Coring .............................................................................................................................................................. 120 Pro}et:t M,._,., Project Manager ............................................................................................................................................. $121 Trtwn IIIUl MiscelltuNo111 Pick Up ....................................................................................................................................................... $66/trip Travel Titne ........................................................................................................................................ Hourly Rate Overtinle and Saturday Rate ........................................................................................ 1.5 x Regular Hourly Rate Sunday and Nationally Rc:coani7.ed Holiday Rate (including the da)' after Thanksgiving) .... 2 x Regular Hourly L, \ ISOilA TO It l' Ttt-'1111 /II SoU and ... ,.,...,, Rate Abti'IH'F'iQD CQan• AIJRJa&e (<:ill :;l06, ,'\STM Cl :17) '""""'"""""""""·'·'·•·• .. ·• ........................................... $38 Absorption Fine Aggregate (Cal207, ASTM Cl28) ......................................................................................... 38 Califueui.a Bewiug ltw.iu iuclutll'!> Mu ~llt.il}' M~tllud C (ASTM 0834) .................................................... «'118 California Impact (Ca1216) ............................................................................................................................. 206 Cta.y LUMpA ift At~gAWI'tr ~ttc lA~l M l'l4.lJ ....................................................................................... l:ll Cleanness Value-I" and Smaller (Cal 227) ..................................................................................................... 90 c tannesa Value -l..Aftet 0\AJ\ 1 · (CaM 1.11 J .................................................................................................... t.t~ Consolidation (ASTM 02435) ........................................................................................................................ 200 Cuumi vily T~litl8 (3ulul.rle Chluaillc~ auu 3ulfuws, pH walllttlXIstl'lity J ................................................... IIS7 Crushed Particles/Size (Cal20S, ASTM 0693) ............................................................................................. 121 Dir~ Sbe'ar (ASTM D3081J} ................................................................. " ............... u ........... u:.u•••••~"J'' ... ,,.,,H~~· W8 Durability Factor (Cal229, ASTM 03744) .................................................................................................... 97 Durability Index (Cal229. ASTM 03744) ...................................................................................................... 224 Expansion Index (ASTM 04289) .................................................................................................................... 177 City Attorney Approved Version 2/29/16 10 fine Aggregate Angularity (AASlfTO T304) ............................................................................................... $200 Fii1CIJeliS Modulus (ASTM C 136) ...................................................................................................................... 24 Flal &: Elongated PiecesfSize (ASTM 1>4791) ................................................................................................ 121 Ugbt WeightPieces(ASTM Cl23) ................................................................................................................ 149 Uquid Limit (Cal204, ASTM 1>4318) .............................................................................................................. 58 Los Angeles Abrasion -larger than I 1/2" (Cal 211. ASTM C535) ............................................................... 237 Los Anaeles Abrasion -I 112" and smaller (Cal 211. ASTM C 131 ) ............................................................. 224 Maximum Density Check Point (ASTM 0698101557) .................................................................................... 88 Maximum Density!Optimum Moisture-4" (ASTM 01557) .......................................................................... 200 Maximum Density!Optimum Moisture· 4" (ASTM 0698) .......................................................................... 183 Maximum Density!Optimum Moisture-6" (ASTM 01557) .......................................................................... 220 Maximum Density!Optimum Moisture· 6" (ASTM 0698) ............................................................................ 200 Minimum [)ensity (ASTM 01556) .................................................................................................................... 74 Moisture Content (Cal 226, ASTM C566, ASTM 02216) ............................................................................... 38 Natural Density -Olunk Sample (ASTM 02937) ............................................................................................. 41 Natural Moisture/Density Ring or Core Sample (ASTM 02937) ..................................................................... 35 Organic Impurities (Cal 213, ASTM C40) ........................................................................................................ 59 Organic Mauer (ASTM 02974) ........................................................................................................................ 59 Permeability Remold Sample includes Ma~timum Density (ASTM 02434) ................................................. 400 Permeability Remold Sample includes Muimum Density ( ASTM 05084) .................................................. 560 Penneability Uodisturbed Sample (ASTM 05084) ......................................................................................... 360 Petrographic Analysis (Cal 215, ASTM C29S) ............................................................................................ Quote pH&: Resistivity (Cal 204, ASTM 1>4318) ..................................................................................................... 126 Plastic Umit (Cal204, ASTM 04318) .............................................................................................................. 69 Plasticity blde~t (Cal 643, ASTM G5 J) ........................................................................................................... 127 Residual Shear (ASTM 06467) ....................................................................................................................... 442 Rock COJTeetion (ASTM 1>4718) .................................................................................................................... 26 R-Value tCal301, ASTM 02844) ................................................................................................................... 216 Sand Equivalent (Cal217, ASTM 02419) ........................................................................................................ 88 Sieve Analysis (Cal 202, ASTM Cl36, ASTM 1>422) ...................................................................................... 90 Sieve Analysis Pit Sample (Cal202. ASTM Cl36) ..................................................................................... 128 Sieve Analysis with Hydrometer (Cal 203, ASTM 0422) .............................................................................. 200 Soil Cement Compression Strength (Cal312, ASTM 01632) ......................................................................... 51 Soil Cement Cylinder Fabrication (Cal312, ASTM 01632) ..................................................................... 103 Soluble Chlorides (C~ 422) ............................................................................................................................... 62 Soluble Sulfate (Cal 417) ................................................................................................................................... 62 Soundness 5 Cycles/Size (Cal214, ASTM C88) ............................................................................................. 121 Specific Gravity Coarse Aggregate (Cal206, ASTM Cl27) ....................................................................... 69 Specific Gravity Fine Aggregate (Cal207, ASTM Cl28) ............................................................................... 74 Triaxial Shear Consolidated-Undrained (ASTM 04767) ............................................................................... 330 Tria~tial Shear Unconsolidated-Undrained (ASTM 02850) ............................................................................ 150 Triaxial Staged Consolidated-Undrained (ASTM 1>4767} ............................................................................. 420 Triaxial Staged Unconsolidated-Undrained (ASTM 02850) .......................................................................... 210 Unconfined Compression (ASTM 02166) ...................................................................................................... 162 Unit Weight Aggregate (Cal212, ASTM C29l .......................................................................................... 52 City Attorney Approved Version 2/29/16 11 Asphalt Conformance Testing full (inc. % Bitumen. SA Extracted. (2) llveem, Maximum Theoretical, (2) Stabilolneter Value) ....................................................................................................................................... $833 Asphalt Conformance Testing Modified (inc. % Bitumen, SA Extracted. (2) Hveem) ................................... 465 Aspbalt Core Specific Gravity (Ca1308. ASTM 02726) ................................................................................... 58 Aspbalt Core Specific Gravity Waxed (Cal308, ASTM 01188) ..................................................................... 74 Emulsion Content (CB1382) ......................................................................................................................... 178 Fdm Stripping (Cal302) .................................................................................................................................. 178 Gyratory Contpaeted Plug (AASiiTO T312) .................................................................................................. 133 Hamburg Wheel-Plant Produced HMA (AASilTO T3241Cal-Trans Section 39) ........................................... 900 Hveem-Maximum Bulk Specific Gravity (Cal308) ..................................................................................... 133 Hveem & Stabilometer Value (Cal366) .......................................................................................................... 168 Ignition Oven C~on Factor (AASHTO T308) ........................................................................................ 500 Marshal Density, Stability & Row (ASTM 06927) per plug ......................................................................... 168 Marshal Density (ASTM 06926) per plug ...................................................................................................... 133 Moisture Content of Asphalt Mixtures Using Microwa\·e (Cal 370) ................................................................ SO Moisture Vapor Susceptibility (Cal 307) ......................................................................................................... 259 Optimum BituJnen Content (Cal 367) .................................................... " .................................................... 3,100 Percent Bitumen Asphaltic Concrete (Cal382, ASTM 06307) ....................................................................... 183 Rice -Maximum Theoretical SpecifiC Gravity AC (Cal 309, ASTM 02041) ................................................ 133 Sieve Analysis-Extracted Aggregate (Cal382, ASTM DS444) ..................................................................... 89 Stability and Flow (ASTM 01559) ................................................................................................................. 147 Stabilometer Value (Cal 366) .......................................................................................................................... 147 Superpave Aggregate Qualities (Standard Cal-Trans Section 39 Requirement') ......................................... 1,050 Superpave Mix Design-No RAP testing or Aggregate Qualities (AASHTO RJ5/Cal-Trans Section 39) .... 6.700 Superpave RAP Testing-Fr-.ctionated (ASTM 02172/AASHTO T308/Cal-Trans S«."lion 39) ................... 5, 700 Superpave RAP Testing-Not Fractionated (ASTM 02172/AASHTO T3081Cal-Trans Section 39) ............ 2,850 SweU Asphalt Concrete (Cal305, ASTM 01561) .......................................................................................... 147 Tensile Strength Ratio-Plant Produced HMA (AASHTOT283) .................................................................... 900 Wet Track Abrasion (ASTM 03910) ........................................................................................................ 285 Concme 2X2 Cube Compres..\iion ................................................................................................................................... $27 Concrete Core Compression (ASTM C42) ........................................................................................................ 59 Concrete Cylinder Compression (Cal 521. ASTM C39) ................................................................................... 27 flex Beam Modulus of Rapture (Cal 523. ASTM C78) .................................................................................... 74 Modulus Elasticity (Cal 522. ASTM C469) .................................................................................................... 261 Shotcrete Mockup Panel (ASTM Cll40) ...................................................................................................... 1040 Shotcrete Panel, 3 Coteli -Compression (CBC) ............................................................................................. 290 Shrinkage-Hardened Concrete (ASTM Cl57 ·Modified) ............................................................................ 371 Split Tensile, Concrete Cylinder CASTM C496) ..................................................................................... 74 Tin~e of Set (ASTM C403) .............................................................................................................................. 200 Trial Batch Beam (Cal523, ASTM Cl92) ........................................................................................................ 69 Trial Batch Concrete Cylinder (Cal 521, ASTM C 192) ................................................................................... 38 Trial Batch Fabrication (ASTM Cl92) ............................................................................................................ 298 Unit Weight, Hardened Concrete (ASTM C642) ........................................................................................... 45 Unit Weight. Ughtweight Concrete (ASTM C567) .......................................................................................... 59 City Attorney Approved Version 2/29/16 12 Mosonry Absorption Block (ASTM Cl40) ..................................................................................................................... $38 Compression Adobe .......................................................................................................................................... 52 Compression Block, Standard (ASTM Cl40) ................................................................................................... 50 Compression, Brick (ASTM C67) ..................................................................................................................... 38 Efflorescence Block ........................................................................................................................................... 59 Efflorescence, Brick (ASTM C67) .................................................................................................................... 45 Grout Prism Compression (ASTM C 1019) ....................................................................................................... 27 Masonry Core Compression (ASTM C42) ........................................................................................................ 51 Masonry Core Shear (CBC 2105A.4) ................................................................................................................. 92 Masonry Prism Compression (ASTM E447) ................................................................................................... 149 Mortar Bond Strength-Pull Test (ASTM C482) ............................................................................................. 62 Mortar Cylinder Compression ............................................................................................................................ 27 Mortar Shear Strength (ANSI I IX) .................................................................................................................... 53 Relative Mortar Strength (Cal 515) ................................................................................................................... 53 Shrinkage-Masonry Block (ASTM C426) .................................................................................................... 252 Trial Grout Prisms (ASTM C942) ..................................................................................................................... 38 Wata Retention and Air Content CASTM C270) ............................................................................................ 468 Metal Bend Test, Reinforcing Steel (ASTM A615) .................................................................................................. $45 Bend Test. Structural Steel (ASTM A370) ........................................................................................................ 60 Bolt Assembly-Hardness Test ......................................................................................................................... 74 Bolt Assembly-Tensile & Proof Load Test ..................................................................................................... 74 Modulus of Elasticity (Steel) ........................................................................................................................... 146 Tensile Strength #3 -#8 Bar (ASTM A6 1 5/A 706) ........................................................................................... 74 Tensile Streogth#9 ·#II Bar (ASTM A615/A706) ......................................................................................... 90 Tensile Strength #14 • #18 Bar (ASTM A615) ............................................................................................ Quote Tensile Strength. Structural Steel (ASTM A370) ............................................................................................ 121 Miscelhlluous Fire Proofing Density Test (ASTM E605) ........................................................................................................ $69 Fiber Reinforced Polymer, Tensile (ASTM 03039) ........................................................................................ 520 Rebound Hammer Calibration ........................................................................................................................... 40 1\ofaterial Preparation ....................................................................................................................................... 40/hr Relative Humidity Test {ASTM F2170) ....................................................................................................... 40/kit Concrete Vapor Emission Kits (ASTM FI869) ............................................................................................ 36/kit Test Chamber and Water Spray Rack (ASTM El Hl5) ............................................................................ 275/hour l\1is.eellancous Charges .............................................................................................................................. Various Default Expense .......................................................................................................................................... Various City Attorney Approved Version 2/29/16 13