HomeMy WebLinkAboutKleinfelder West Inc; 2012-11-28; CA918CA918
MASTER AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES
(KLEINFELDER WEST, INC.)
lis AGREEMENT is made and entered into as of the day of
7/7t^1^au<J 20/^. by and between the CARLSBAD MUNICIPAL WATER
DlSTPdCT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carisbad, hereinafter referred to as "CMWD", and KLEINFELDER WEST,
INC., a California corporation, hereinafter referred to as "Contractor."
RECITALS
A. CMWD requires the professional services of a engineering consultant that is
experienced in geotechnical engineering.
B. The professional services are required on a non-exclusive, project-by-project
basis.
C. Contractor has the necessary experience in providing professional services and
advice related to geotechnical engineering.
D. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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.
Contractor's obligations with respect to any project granted to Contractor under this Agreement
will be as specified in the Task Description for the project (see paragraph 5 below).
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
white exercising its professional skill and expertise.
3. TERM
The term of this Agreement wilt be effective for a period of three years starting from the date first
written above.
4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten
(10) days after receipt of notification to proceed by CMWD and be completed within the time
specified in the Task Description for the project (see paragraph 5 below). Extensions of time for
a specific Task Description may be granted if requested by Contractor and agreed to In writing
by the Executive Manager (or designee) or General Manager of CMWD as authorized by the
Executive Manager ("General Manager"). The Executive Manager (or designee) or General
Manager will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a tack of foresight on the part of Contractor, or delays caused by CMWD
inaction or other agencies' lack of timely action. In no event shall a specific Task Description
exceed the term of this Agreement.
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5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not exceed one
hundred thousand dollars ($100,000) for the term of the agreement; the total amount allowed
per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars
($100,000). Fees will be paid on a project-by-project basis and will be based on Contractor's
Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor,
City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which,
upon signature by Contractor and for City, the City Manager or Director, will be considered a
part of this Agreement. The Task Description will include a detailed scope of services for the
particular project being considered and a statement of Contractor's fee to complete the project
in accordance with the specified scope of services. The Task Description wilt also include a
description of the method of payment and will be based upon an houriy rate, percentage of
project complete, completion of specific project tasks or a combination thereof.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City wilt not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor wilt not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against alt claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
2 City Attorney Approved Version 2/17/12
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vll" OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum
limits indicated below, unless Risk Manager or City Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and employees make
no representation that the limits of the insurance specified to be carried by Contractor pursuant
to this Agreement are adequate to protect Contractor. If Contractor believes that any required
insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as
Contractor deems adequate, at Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1.000.000 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 orthe general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodity injury and
property damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. 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.
Q If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
City Attorney Approved Version 2/17/12
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. Citv reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes alt claims to the copyrights in favor of City.
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15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement are:
For Citv: For Contractor:
Name Skip Hammann Name Ronald Thomson
Title Transportation Director Title Project Manager
Dept Transportation Address 5015 Shoreham Place
CITY OF CARLSBAD San Diego, CA 92122
Address 1635 Faraday Avenue Phone (858) 320-2000
Carisbad CA, 92008 Email rthomson@kleinfelder.com
Phone (760) 602-2751
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in alt four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with alt applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenA/ise 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 fonA/arded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version 2/17/12
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City at the 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.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty. City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the full
amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 ef seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS 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.
City Attorney Approved Version 2/17/12
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
Executed by Contractor this. 25 day of September 20_11
CONTRACTOR
KLEINFELDER WEST, INC., a California
corporation
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District ofthe City ofCarlsbad
By: ^ , ////////
John Moossazadeh, Vice President
(print name/title)
By:
(sign he
JohnM. Pilkington, CFO
ATTEST:
LOR
Secretary
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:.
Assistant General CAunsel
General Counsel Approved Version 2/17/12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County of'^Ml Wy)
before me,
~ I Dafe ' . 1 ^ Hprp InRRrt Nan
personally
Date ' — . 1 ^ Here Insert Namg.aDd Title of ttie Officer
appeared -J/)KKp|\pil/VnKL /XAr^ -^\AvMOtf>^lif^Mn
* Name(s) of Signer(s)
RHEA PRENATT
Commission # 1933956
Notary Pubiic - California
San Oieoo County
MyC«mfa»W.M.y24,M1S|
who proved to me on the basis of satisfactor
evidence to be the person(s) whose name(s) is/<j
subscribed to the withinJiDstrument and acknowledged
to me thai he/sh^h^ executed the same in
his/her/tWgjT^authorized capacity (ies), and that by
his/her/tneiy signature(s) on the instrument the
person(s)ror the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS inyiihand arid official seal
Place Notary Seal Above
Signature:
OPTIONAL —
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb inere
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
12010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
EXHIBIT A
CITY OF CARLSBAD
KLEINFELDER FEE SCHEDULE FOR
ENVIRONMENTAL, CONSTRUCTION MANAGEMENT AND
GEOTECHNICAL/MATERIALS TESTING SERVICES
PROFESSIONAL STAFF FmTES
Construction Inspector 1 $ 105 / hour
Professional $110/hour
Staff Professional 1 $ 125 / hour
Staff Professional II / Project Manager I $ 145 / hour
Construction Manager $ 155 / hour
Senior Construction Manager $ 165 / hour
Project Professional / Project Manager II $ 165 /'hour
Senior Professional / Senior Project Manager $ 175 / hour
Project Manager III $ 135 / hour
Principal / Principal Professional $ 195 / hour
Program/Client Manager $ 200 / hour
Senior Principal / Senior Principal Professional $ 200 / hour
Expert Witness $ 340 / hour
MMtHISTRATIVE/fl-CHNICAl S] Af F fiATL&
Administrative I $ 75/hour
Materials Tester / Special Inspector $ 88 / hour
Soils Tichnlclan , $ 88/hour
Supervisory Technician $ 90 / hour
Draftsperson $115/hour
CADD Operator $ 140 / hour
Designer $150/hour
Minimum Charges for Office Time Per Day One Hour at
Applicable Rate
All sen/ices will be charged portal-to-portal when applicable.
Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The
above rates apply to projects subject to prevailing wages.
* Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical
and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer
specialists.
BASIS OF CHARGES
1. Listed on the attached page are typical prices for services most frequently performed by
Kleinfelder. Prices for other services, including special quotes for volume work, will be given upon
request, but will be subject to the terms set forth below.
2. The client agrees to limit the Kleinfelder's liability to the client and to all agents of the client,
including contractors and subcontractors on the project due to Kleinfelder's professional negligent
acts, errors or omissions to $50,000 or the consultant's fee, whichever is greater. Kleinfelder's
liability (as defined above) on Materials Testing projects will be limited to the greater of $2,500 or
the amount of the Kleinfelder's fee.
3. Invoices will be issued on a monthly basis, or upon completion of a project, whichever is sooner.
The net amount of Invoices is payable on presentation of the invoice. If not paid within 30 days
after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of 1.5%
per month, which is an ANNUAL PERCENTAGE RATE of 18%.
4. A two-hour minimum charge will be made for all field services then actual hours worked
thereafter.
5. A one-hour minimum charge per day will be made for any office service.
6. Time worked in excess of 8 hours per day and weekend\holiday work will be charged at 1.5 times
the hourly rate. Time worked in excess of 12 hours per day will be charged at 2 times the hourly
rate.
7. Per diem will be charged at a rate of $140 per day per person or expenses plus 20%, whichever is
greater. Per diem will be charged for all projects in excess of 50 miles from the nearest
Kleinfelder office.
8. Outside services will include a 20% markup, unless othenvise noted.
9. The proposed fee includes standard invoicing with time detail summary. Additional administrative
time will be charged if invoice backup information (timesheets, daily field reports, or work
summaries) is requested.
10. Certified payroll for prevailing wage projects will be provided only if requested and will be subject
to additional charges for administrative time for each pay period.
11. Kleinfelder carries Worker's Compensation Insurance (including Employer's Liability),
Comprehensive General Liability and property damage insurance for its own equipment, and will
furnish certificates upon request.
12. Kleinfelder routinely disposes of non-environmental and uncontaminated samples after
submission of our final report and resen/es the right to return environmental sample to client, at
its expense, after submission of our final report.
13. Proper disposal or handling of soil boring cuttings, well development and purge waters,
decontamination solutions, and other contaminated/potentially contaminated materials is the
responsibility of the client. Upon request, Kleinfelder can provide containers for onsite
containment and can advise the client regarding proper handling procedures.
14. The proposed rates will be in effect for 90 days from the proposal date.
15. Kleinfelder reserves the right to adjust the fee schedule on projects not completed within 180
days from the contract signature date. For time and materials projects, any not to exceed amount
will be similarly adjusted.
SOIL TESTS
SOIL DENSITY TESTS
Test Invoice Name Test Method^ Price
Standard Proctor, 4" Mold STANDARD PROCTOR, 4" D698, T99 $210.00 each
Standard Proctor, 6" Mold STANDARD PROCTOR, 6" D698, T99 $235.00 each
Modified Proctor, 4" Mold MODIFIED PROCTOR. 4" D1557, T180 $215.00 each
Modified Proctor, 6" Mold MODIFIED PROCTOR, 6" D1557, T180 $240.00 each
Proctor Check Point PROCTOR CHECK POINT T272 $115.00 each
Proctor Oversize Correction PROCTOR CORR OVRSZ D4718 $65.00 each
Treated Soil Proctor TREATED SOIL PROCTOR D558 $280.00 each
Minimum/Maximum Relative Density MIN-MAX REL DENS D4352, D4253 $360.00 each
Moisture/Density, TEX 113-E MOIST DENS TEX 113-E TEX113-E $260.00 each
Moisture/Density, TEX 114-E MOIST DENS TEX 114-E TEX114-E $260.00 each
California Impact, CTM 216, Dry Method CTM 216, DRY CTM216 $215.00 each
California Impact, CTM 216, Wet Method CTM216,WET CTM216 $185.00 each
SOIL CLASSIFICATION AND INDEX TESTS
Test Invoice Name Test Method-'-Price
Visual Classification CLASSIFICATN, VISUAL D2488 $10.00 each
Sieve Analysis, % Finer than 200 Sieve SIEVE ANALYSIS, -200 C117. D1140 $80.00 each
Sieve Analysis, Fine SIEVE ANALYSIS. F C136, D422, D6913 $120.00 each
Sieve Analysis, Coarse SIEVE ANALYSIS, C C136. D422, D6913 $100.00 each
Sieve Analysis, Coarse and Fine SIEVE ANALYSIS, C&F C136, D422. D6913 $150.00 each
Hydrometer Analysis HYDROMETER D422 $165.00 each
Water Content WATER CONTENT D2216, D4643 $25.00 each
Water Content and Dry Unit Weight WATER/DENSITY. SOIL D2216, D2937, D7263 $45.00 each
Atterberg Limits, Single Point ATTERBERG, SINGLE PT. D4318-Method B $110.00 each
Atterberg Limits, Multiple Point ATTERBERG, MULTI PT. D4318-Method A $170.00 each
Atterberg Limits, Liquid Limit Only LIQUID LIMIT ONLY D4318 $110.00 each
Soil Specific Gravity SOIL SPEC. GRAV D854 $140.00 each
Soil Organic Content SOIL ORGANIC CONTENT D2974-Method C $115.00 each
Pinhole Dispersion Classification PINHOLE DISPERSION D4647 $300.00 each
Soil pH SOIL PH D4972, G51 $55.00 each
Soil Resistivity SOIL RESISTIVITY G187 $160.00 each
Chloride Content CHLORIDE CONTENT $50.00 each
Sulfate Content SULFATE CONTENT $100.00 each
SOIL BEARING PRESSURE TESTS
Test Invoice Name Test Method^ Price
California Bearing Ratio, Single Point" CBR, 1 POINT D1883 $350.00 each
Califomia Bearing Ratio, 3 Points * CBR, 3 POINTS D1883 $650.00 each
Resistance R-Value R-VALUE D2844 $300.00 each
Resistance R-Value of Treated Material R-VALUE. TREATED D2844 $350.00 each
Rock Correction for R-Value R-VALUE, ROCK CORR. D2844 $80.00 each
Stabilized Soil UC Strength, 1 Point STABIL. SOIL UC PT. D1633. D5102 $150.00 each
Stabilized Soil UC Strength, Set of 3 STABIL. SOIL UC SET D1633, D5102 $900.00 each
*Note: Does not include Proctor Values
SOIL BEARING PRESSURE TESTS
Test
CTM 373,1 Ume Content, W/O Opt Moist
CTM 373,1 Lime Content
CTM 373, 3 Lime Contents
Eades and Grim Test (Opt. Lime Content)
Resilient Modulus
Invoice Name
CTM 373, CHECK POINT
CTM 373,1 LIME %
CTM 373, 3 LIME %'S
EADES AND GRIM TEST
RESILIENT MODULUS
Test Method*
CTM373
CTM373
CTM373
C977
T307
Price
$150.00 each
$350.00 each
$950.00 each
$135.00 each
$450.00 each
SOIL TESTS Icootlnyed)
SOIL STRENGTH AND PERMEABILITY TESTS
Test invoice Name Test Method^ Price
Unconfined Compressive Strength UNCONFINED COMP STR. D2166 $135.00 each
Direct Shear, 1 Point DIRECT SHEAR. 1 PT. D3080 $125.00 each
Direct Shear, 3 Points DIRECT SHEAR. 3 PTS. D3080 $350.00 each
Consolidation without Time Rate Plots CONSOL W/OTR D2435 $330.00 each
Consolidation with 2 Time Rate Plots CONSOL. W/2 TR D2435 $425.00 each
Consolidation, All Loads with Time Rates CONSOL ALL TR D2435 $600.00 each
Consolidation, Additional Rebound CONSOL ADD. REBOUND D2435 $75.00 each
Collapse Potential COLLAPSE POTENTIAL D5333 $175.00 each
One Dimensional Free Swell ONEDIM FREE SWELL D4546 $150.00 each
One Dimensional Swell, Percent Heave ONEDIM SWELL % HEAVE D4546 $240.00 each
One Dimensional Swell with Consolidation ONEDIMSWELL W/CONSOL D4546 $450.00 each
Expansion Index EXPANSION INDEX D4829 $175.00 each
Denver Swell Test DENVER SWELL TEST $65.00 each
Permeability, Rigid Wall PERMEABILITY, RIGID D2434 $225.00 each
Permeability, Flexible Wall PERMEABILITY, FLEX D5084-Method C $300.00 each
Triaxial Shear, CU, 1 Point TRIAX, CU, 1 POINT D4767 $450.00 each
Triaxial Shear, CU, 3 Points TRIAX, CU, 3 POINTS D4767 $1,200.00 each
Triaxial Shear, UU, 1 Point TRIAX, UU, 1 POINT D2850 $200.00 each
Triaxial Shear, UU, 3 Points TRIAX, UU, 3 POINTS D2850 $550.00 each
Triaxial Shear, UU Saturated, 1 Point TRIAX, UU SAT, 1 POINT D2850-Modified $270.00 each
Triaxial Shear, UU Saturated, 3 Points TRIAX, UU SAT, 3 POINTS D2850-Modified $750.00 each
Triaxial Test, TEX117E, Part 1 TRI/\X,TEX117E-PART1 TEX117E $2,200.00 each
Triaxial Test, TEX117E, Part II TRIAX,TEX117E-PARTI1 TEX117E $2,200.00 each
Resonant Column Torsional Shear RCTS $4,000.00 each
AGGREGATE TESTS
Test invoice Name Test Method^ Price
Acid Solubility SOLUBILITY, ACID AWWA B100 $100.00 each
Air Degradation AG AIR DEGRADATION ITD T15 $200.00 each
ASR Reactivity, Long Method AG ASR REACT.,, LONG C227, C1293 $2,100.00 each
ASR Reactivity, Short method AG ASR REACT., SHORT C1260, C1567 $1,050.00 each
Clay Lumps and Friable Particles, per sz * AG CLAY LUMP/FRIABLE C142 $100.00 each
Cleanness Value AG CLEANNESS VALUE CTM227 $150.00 each
Coarse Durability AG COARSE DURABILITY D3744 $150.00 each
Fine Durability AG FINE DURABILITY D3744 $110.00 each
Coarse Specific Gravity & Absorption AG COARSE SPG/ABSORP C127 $60.00 each
Fine Specific Gravity & Absorption AG FINE SPG/ABSORP C128 $100.00 each
Flat and Elongated Particles, per size * AG FLAT&ELONG/SIZE D4791 $75.00 each
Fractured Faces, per size * AG FRACT. FACES/SIZE D5821 $100.00 each
Lightweight Pieces ** AG LIGHTWT. PIECES C123 $330.00 each
Los Angeles Abrasion, Large Aggregate AG LA ABRASION, LG C535 $200.00 each
Los Angeles Abrasion, Small Aggregate AG LA ABRASION. SM C131 $175.00 each
Mortar Sand Strength AG MORTAR SAND STR. C87, CTM515 $550.00 each
Organic Impurities AG ORGANIC IMPURITIES C40 $60.00 each
Potential Reactivity (Chem. Method) AG POT. REACT. CHEM. C289 $700.00 each
Sand Equivalent, 1 point AG SAND EQUIV., 1PT. D2419 $70.00 each
Sand Equivalent, 3 points AG SAND EQUIV.. 3PT. D2419 $130.00 each
Sieve Analysis, % Finer than 200 Sieve SIEVE ANALYSIS, -200 C117, D1140 $80.00 each
AGGREGATE TESTS Icontinyed]
Test
Sieve Analysis, Fine
Sieve Analysis. Coarse
Sieve Analysis. Coarse and Fine
Soundness of Aggregate, per size *
Unit Weight
Water Content
Texas Wet Ball Mill
*Note: Tests are billed by each size fraction tested,
specific test method.
invoice Name
SIEVE ANALYSIS. F
SIEVE ANALYSIS, C
SIEVE ANALYSIS, C&F
AG SULFATE SOUND/SZ.
AG UNIT WEIGHT
WATER CONTENT
TX WET BALL MILL
Test Method^
C136, D422, D6913
C136, D422, D6913
C136, D422, D6913
C88
C29
D2216
TEX116E
Price
$120.00 each
$100.00 each
$150.00 each
$140.00 each
$60.00 each
$25.00 each
$250.00 each
The quantity of fractions tested is dependent on the sample gradation and
*Note: Tests are billed by each size fraction tested, and the specific gravity of tiie test solution used (2,0 and/or 2.4). The quantity
of fractions tested is dependent on the sample gradation.
ROCK TESTS
Test Invoice Name Test Method^ Price
Dimension Stone, Absorption/Spec. Grav. DIM STONE-ABS/SPG C97 $210.00 set/5
Dimension Stone, Compressive Strength DIM STONE-COMPRESS C170 $210.00 set/5
Dimension Stone, Flexural Strength DIM STONE-FLEX STR C880 $210.00 set/5
Dimension Stone, Modulus Of Rupture DIM STONE-MD OF RUP C99 $210.00 set/5
Direct Shear, 1 Point ROCK DIR. SHEAR, 1PT D5607 $140.00 each
Direct Shear, 3 Points ROCK DIR. SHEAR, 3PT D5607 $350.00 each
Direct Shear, 5 Points ROCK DIR. SHEAR, 5PT D5607 $600.00 each
Mohs Hardness ROCK MOHS HARDNESS $25.00 each
Point Load Index ROCK PT LOAD INDEX D5731 $20.00 each
Point Load, Set of 10 ROCK PT LOAD SET/10 D5731 $125.00 each
Slake Durability ROCK SLAKE DURABIL. D4644 $185.00 each
Splitting Tensile Strength ROCK SPLIT. TENSILE D3967 $125.00 each
Triaxial Shear, Hard Rock ROCK TRIAX, HARD D7012 $225.00 each
Triaxial Shear, Weak Rock ROCK TRIAX, WEAK D7012 $350.00 each
Triaxial Shear, Weak w Mod. of Rup. ROCK TRIAX, WEAK/MOD D7012 $450.00 each
Triaxial Shear, Weathered Rock ROCK TRIAX, WEATHERD D7012 $225.00 each
Unconfined Compression ROCK UNCON. COMP. D7012 $125.00 each
CONCRETE TESTS
Test Invoice Name Test Method^ Price
Unconfined Compression W/Mod of Rup ROCK UC/MOD OF RUP D7012 $250.00 each
Compression CONCRETE COMPRESSION C39 $30.00 each
Core Compression CONCRETE CORE COMP. C42 $65.00 each
Creep CONCRETE CREEP C512 $2,000.00 each
Cylinder Unit Weight CONC. CYL UNIT WT. C567 $100.00 each
Drying Shrinkage, set of 3 CONC. DRY SHRINKAGE C157 $440.00 each
Flexural Strength CONC. FLEX STRENGTH C78 $100.00 each
Modulus of Elasticity CONC. MOD OF ELAST C469 $250.00 each
Splitting Tensile Strength CONC. SPLIT. TENSILE C496 $80.00 each
Concrete Core Thickness CONC. CORE THICKNESS C174 $10.00 each
Laboratory Trial Batch CONCRETE TRIAL BATCH C192 $1,000.00 each
RCC Compression RCC COMPRESSION C39 $60.00 each
Shotcrete Compression SHOTCRETE COMPRESS. C1140 $80.00 each
lASO^RY TESTS
Test
Grout Compression
Mortar Compression
Core Compression
Core Shear
Prism Compression
CMU Absorption and Received Moisture
CMU Compression
CMU Dimension Verification
CMU Lineal Shrinkage
Invoice Name
GROUT COMPRESSION
MORTAR COMPRESSION
MASONRY CORE COMP.
MASONRY CORE SHEAR
MASONRY PRISM COMP.
CMU ABSORP/MOIST.
CMU COMPRESSION
CMU DIMENSION VERIF.
CMU LINEAL SHRINKAGE
Test Method-*-
C1019
C942
CADSA
CADSA
C1314
C140
C140
C140
C426
Price
$30.00 each
$30.00 each
$60.00 each
$50.00 each
$110.00 each
$75.00 each
$100.00 each
$25.00 each
$175.00 each
ASPHALT TESTS
BINDER TESTS
Test
Absolute Viscosity
Bitumen Penetration
Kinematic Viscosity
Recovery by Roto-Vapor
Softening Point, Ring & Ball
Invoice Name
AC ABSOLUTE VIS.
AC BIT. PENETRATION
AC KINEMATIC Vise.
AC RECOVERY ROTOVAP
AC SOFT. PT., R&B
Test Method^
D2171
D2170
D5404
D36
Price
$210.00 each
$75.00 each
$190.00 each
$365.00 each
$100.00 each
MIX PROPERTY TESTS
Test
Gradation of Extracted Aggregate
Core Thickness
AC Content by Extraction
Hveem Stability
AC Content by Ignition Oven
Ignition Oven Calibration
Moisture Content
AC Content by Nuclear Gauge
Marshall Stability and Flow
Swell
Core Unit Weight & Thickness
Invoice Name Test Method^
AC AGGREGATE GRADATION D5444
AC CORE THICKNESS D3549
AC EXTRACTION D2172
AC HVEEM STABILITY Dl 560
AC IGNITION OVEN D6307, T308
AC IGNT. OVEN CALIB. D6307
AC MOISTURE CONTENT
AC NUC. CONT. GAUGE D4125
AC STABILITY & FLOW D6927
AC SWELL CTM307
AC CORE WT./THICK. Dl 188, D2726
Price
$100.00 each
$10.00 each
$200.00 each
$100.00 each
$140.00 each
$300.00 each
$50.00 each
$200.00 each
$150.00 each
$100.00 each
$50.00 each
DESIGN AND DENSITY TESTS
Test
Centrifuge Kerosene Equivalent
Film Stripping
Index of Retained Strength
Unit Weight, Gryratory Method
Unit Weight, Hveem Method
Unit Weight, Marshall Method
Maximum Theoretical Specific Gravity
Moisture Induced Damage
Caltrans Tensile Strength Ratio
Moisture Vapor Susceptibility
Mix Design, Hveem Method W/RAP
Mix Design, Hveem Method
Mix Design, Marshall Method
Mix Design, Superpave Method
Invoice Name
AC CKE
AC FILM STRIPPING
AC INDEX RET. STRGTH
AC UNIT WT., GYRA.
AC UNIT WT., HVEEM
AC UNIT WT.. MARSH.
AC MAX THEO. SPG
AC MOIST. IND. DAM.
AC CALTRANS TS
AC MOIST. VAPOR SUS.
HVEEM DESIGN W/RAP
HVEEM MIX DESIGN
MARSHALL MIX DESIGN
SUPERPAVE MIX DSGN
Test Method^
CTM303
T312
D1561
D6926
D2041
T283
CTM371
Price
$240.00 each
$120.00 each
$1,000.00 each
$350.00 each
$285.00 each
$210.00 each
$145.00 each
$1,500.00 each
$250.00 each
$7,600.00 each
$5,400.00 each
$3,000.00 each
$6,000.00 each
BOLT TESTS
Test
Bolt Assembly Suite (Bolt, Nut. Washer) *
Bolt Hardness
Bolt Proof Load
Bolt Wedge Tensile
Nut Hardness
Nut Proof Load
Washer Hardness
lETAL TESTS
Invoice Name
BOLT ASSEMBLY SUITE
BOLT HARDNESS
BOLT PROOF LOAD
BOLT WEDGE TENSILE
NUT HARDNESS
NUT PROOF LOAD
WASHER HARDNESS
Test Method^
F606
E18
F606
F606
E18
F606
E18
Price
$210.00 each
$25.00 each
$35.00 each
$35.00 each
$25.00 each
$35.00 each
$25.00 each
*Note: An 'assembly' is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof
load tests, and hardness tests on each piece.
STRUCTURAL METAL TESTS
Test
Bend
Charpy Impact. Set of 3 *
Rebar Coupler Slippage
Rebar Coupler Tensile
CTM 670 Strain (Elongation)
PT Strand Tensile
Spliced Specimen Tensile
Tensile <2.0 Sq. In. Cross-Sect
Tensile >2.0 Sq. In. Cross-Sect
Rockwell Hardness
lETAL TESTS (continued)
Invoice Name
METAL, BEND
METAL. CHARPY, SET/3
METAL. COUPLER SLIP
METAL COUPLER TENS.
METAL, CTM670 STRAIN
METAL PT TENSILE
METAL, SPLICE TENS.
METAL. TENSILE <2"
METAL, TENSILE >2"
ROCKWELL HARDNESS
Test Method^ Price
A370 $40.00 each
A370, A673 $300.00 set
A370 $130.00 each
A370 $80.00 each
CTM670 $15.00 each
A370 $145.00 each
A370 $80.00 each
A370 $85.00 each
A370 $140.00 each
E18 $30.00 each
*Note: Price does not included cost of machining test specimens. Price is for testing at 40 F; other test temperatures will result
in additional fees.
SAMPLE PREPARATION AND MISCELLANEOUS TESTS
SAMPLE PREPARATION
Test
Rock Sample Preparation
Sample Crushing
Sample Cutting and Trimming
Sample Mixing and Processing
Sample Preparation
Sample Preparation, per hour
Sample Remolding
Contamination Fee
Sample Disposal Fee
MISCELLANEOUS TESTS
Test
Fireproofing Density
Hydraulic Ram Calibration
Non-Masonry Grout Compression
Pocket Penetration Value
Roof Tile Absorption
Roofing, Unit Weight of Surfacing
Invoice Name
ROCK SAMPLE PREP.
SAMPLE CRUSHING
SAMPLE CUT & TRIM
SAMPLE MIX&PROCESS
SAMPLE PREPARATION
SAMPLE PREP./HR.
SAMPLE REMOLDING
CONTAMINATION FEE
SAMPLE DISPOSAL FEE
Invoice Name
FIREPROOFING DENSITY
HYDRAULIC RAM CALIB.
NON-MAS. GROUT COMP.
POCKET PENETRATION
ROOF TILE ABSORPTION
ROOF UNIT WT. SURF.
Test Method^
Test Method^
E605
C579
D2829
Price
$80.00 each
$100.00 each
$30.00 each
$40.00 each
$25.00 each
$90.00 hour
$75.00 each
$250.00 each
$10.00 each
Price
$50.00 each
$200.00 each
$30.00 each
$10.00 each
$100.00 each
$100.00 each
OTHER EQUIPMENT CHARGES
MATERIALS TESTING EQUIPMENT
Equipment
Anchor Bolt Testing Device
Asphalt Sampling Box
Invoice Name
ANCHOR BOLTTST/DAY
ASPHLT SAMPLE BOXES
Test Method^
OTHER EQUIPfVIENT CHARGES
Price
$150.00/day
$1.15 each
MATERIALS TESTING EQUIPMENT
Equipment
Brinell Hardness Tester
Concrete Rebound (Schmidt) Hammer
Concrete Vapor Emission Test Kit
Coring Machine
Coring Machine with Generator
Cylinder Mold
Diamond Bit Core Barrel Charge
2" Diameter
3" Diameter
4" Diameter
6" Diameter
Digital Thickness Gauge
FerroScan Equipment
Floor Flatness Testing Device
Floor Flatness Testing Device
Hand Auger and Soil Sampler
Magnetic Particle Testing Device
Rebar Locator (R Meter, Pachometer
Skidmore Bolt Tension Calibrator
Torque Wrench, up to 1,000 foot-pounds
Ultrasonic Testing Device
Invoice Name
BRINELL HARDNESS/DAY
SCHMIDT HAMMER/DAY
MOIST FLOOR/SALB TST
CORING MACHINE/DAY
CORING MCH W/GEN DAY
CYLINDER MOLDS
CORING, 2" DIAM./IN
CORING, 3" DIAM./IN
CORING, 4" DIAM./1N
CORING. 6" D1AM./IN
THICKNESS GAUGE /DAY
FERROSCAN EQUIPMENT
FLOOR FLATNESS /SF
FLOOR FLATNESS TST
HAND AUGER/DAY
MAGNETIC PARTICLE
REBAR LOCATOR/DAY
SKID WILH BOLT/DAY
TORQUE WRENCH/DAY
UT TESTING EQUIP/DAY
Test Method^
E10
C805
F1869
E1155
E1155
ASNT, AWS BL1
A325, A490
A325, A490
ASNT, AWS B1.1
Price
$20.00 /day
$55.00 / day
$30.00/ kit
$85.00 /day
$165.00/day
$3.00 each
$2.20 / inch
$3.30 / inch
$4.40 / inch
$6.60 / inch
$50.00 /day
$275.00 /day
$0.10 /sq ft
$150.00/day
$77.00 /day
$45.00 /day
$75.00 / day
$55.00/day
$50.00 / day
$75.00 /day
OTHER EQUIPMENT CHARGES
VEHICLES
Description
Mileage, 2 Wheel Drive (Per Mile)
Vehicle w/Nuclear Dens Equip (Per Hour)
Invoice Name
MILEAGE, 2 WH/MILE
VEH W/ND EQUIP/HR
ENVIRONMENTAL SAMPLING AND TESTING
Price
$0.55/ mile
$2.00/ hour
Description
Disposable Bailer
Conductivity, pH, and Temperature Monitor
Distilled Water
Hand Auger and Soil Sampler
Interface Probe (Oil/Water)
Portable Generator
Measuring Wheel
Turbidity Meter
Dissolved Oxygen Meter
Price
$18.15 each
$60/day
$3/gallon
$77/day
$166/day
$151/day
$18.15/day
$66/day
$59/day
ENVIRONMENTAL SAMPLING AND TESTING Icontinuedl
Description Price
Water Level Indicator $60/day
Vacuum Pump $38.12/day
Horiba Water Quality Meter $105/day
Groundwater Pump (4") $157.50/day
Groundwater Pump (2") $130.20/day
HEALTH ANO SAFETY
Description Price
Calibration Gas $9.65/day
Calibration Gas Regulator $8.76/day
Camera and Film or Digital Camera $36.30/day
Combustible Gas Analyzer $71.50/day
Draeger Tube $16.48 each
Personal Air Sampling Pump $98/day
Level B Protection $298/day
Level C Protection $190/day
Level D Protection $54/day
Limited Level D Protection $42.90/day
Oxygen Analyzer $54/day
Photoionization Detector $190/day
Flame Ionization Detector $220/day
Lock $8.35 each
Peristatic Pump $89/day
LEL/O2/H2S/CO Monitor $155/day
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by: Bill Plummer/Utilities, Marshall Plantz/rransportation October 15,2012
(Name and Department) Date
Proposed modification(s) to the Prof Liability requirement(s) for Master Agreements for 2012-2015 for
Klpinfelder West Ceotechnical Services Rlemteider west, CA917-City; CA918-CMWD
(Type of insurance) (Name of contract)
Q Reduce coverage to the amount of:
n Waive coverage
13 Other: Waive requirement of surplus lines canier on the LASLI (formerly LESLI)
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
riSianificance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product [explain]
nsignificance of Contractor: Contractor has unique skills and there are few if any altematives. [explain:
include number of candidates RFP sent to and number responded if applicable]
•Contract Amount/Term of Contract: $ . Work will be completed over a period of
•Professional Liability coverage is not available to this contractor or would increase the cost ofthe contract by
$ [explain]. , ,
I^Other (e.g. explain whv exposures are minimaL how exposures are covered in another policv. exposure
control mechanisms, and anv other information pertinent to vour request): Under the Nonadmitted and
Reinsurance Refonn Act (NRRA)> as part of the Dodd-Frank Act and implemented in insurance Code Section
1765.L "alien" nonadmitted insurers listed on the NAIC's (National Association oflnsurance Commissioners)
Ouarteriv List of Alien Insurers are eligible to accept placements of Califomia risks from surplus lines brokers.
The federal action provides for the national listing, thereby allowing alien carriers to avoid individual filing
requirements in each state such as those to be included on the LASLI (formeriv LESLD. As of January 30,2012
Llovds of London/Syndicate 2001 (Amlin Undrwr Ltd) voluntarily removed itself from the LASLL electing to
rely on inclusion on the Ouarteriv List of Alien Insurers to provide insurance for Califomia risks from surplus
lines brokers. Lloyds has made a filing in Califomia that permits the Department oflnsurance to ^'recognize''
Lloyd's syndicates in the event of an inquiry from a broker or a member ofthe public. However, the extent to
which standards for a surplus lines canier on the L ASLI (List of Approved Surplus Lines Insurers) versus those
on the Quarterly List of Alien Insurers is unclear as of the writing of this waiver and in recent articles appearing
in the Insurance Joumal it appears that the state's implementing legislation has resulted in issues that may need
to be resolved in court. In anv case, there is confusion among brokers and clients because there are now 2 lists in
the state, one with "approved" surplus lines carriers and the other, the national list of "eligible'' surplus lines
carriers. Apparently Llovds is trying to work with the state to sort out some ofthe confusion and it can be
anticipated that there will be more to come on this matter. In the meantime. Llovds of London/Svndicate 2001
(Amlin Undrwr Ltd) has and continues to be the carrier for Kleinfelder West Inc. for its pollution liabilitv
insurance, it was on the LASLI until it requested removal, and it is the canier for the contractor with significant
ongoing proiects in the Citv, It is requested Llovds of London/Syndicate 2001 (Amlin Undrwr Ltd) be accepted
as the carrier for professional liabilitv insurance for Kleinfelder West, Inc.
Approved bv Risk Manager for these 2 contracts onlv:
(Signature) (Date)
M;\WORD\lnsurancc\Admin Order #68 waiver modify insurance requirements.doc
06/15/2006