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HomeMy WebLinkAboutBarnett Quality Control Services Inc dba Nova Services Inc; 2020-08-18; PSA21-1205CMIDocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI MASTER AGREEMENT FOR AS NEEDED MATERIALS TESTING SERVICES BARNETT QUALITY CONTROL SERVICES, INC., D.B.A. NOVA SERVICES, INC. THIS AGREEMENT is made and entered into as of the 18th day of August , 2020, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Barnett Quality Control Services, Inc., a California corporation, d.b.a. Nova Services, Inc., hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering firm that is experienced in materials testing. 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 as needed materials testing services. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) 20-1030CMI 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. 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 while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from date written above. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. 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 City 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 City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused 1 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed Six Hundred Thousand Dollars ($600,000) per Agreement year. If the City extends the Agreement pursuant to Section 3, the costs of services may increase by a maximum of 2%, if agreed to by both parties. Contractor shall not receive annual adjustments to Contractor's Schedule of Rates specified in Exhibit "A". 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 will also include a description of the method of payment and will be based upon an hourly 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 will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 2 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: al 9F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CM I fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D-I9F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI 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. In the case of non-payment of premium to the Broker, the Contractor shall provide ten (10) days' written notice to the city. 10.3 Providing Certificates of Insurance, Endorsements and Waiver of Subrogation. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance, endorsements and waiver of subrogation endorsement to CMWD/City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI 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 City: Jennifer Chapman For Contractor: Name Title Dept Address Phone Name James E. Parker Contract Administrator Title Project Manager Public Works/CM&I Address 4373 Viewridege Avenue, Suite CITY OF CARLSBAD 1635 Faraday Avenue Phone San Diego, CA 92123 858-292-7575 x 405 Carlsbad, CA 92008 Email jparker@usa-nova.com 760-602-2735 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes [Z] No E 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding 5 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City 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 otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. 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. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor 6 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D-19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II/ III II/ II/ III /// III /// III III ill //I II/ III 7 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI 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 17 day of August , 2020. CONTRACTOR CITY OF CARLSBAD, a municipal BARNETT QUALITY CONTROL SERVICES, INC., a California corporation d.b.a. NOVA SERVICES, INC. (sign here) corporation of the State of California clif/ati Matt Hall, Mayor By: By: Danny Barnett, President / CFO By: (print name/title) ATTEST: (sign here) for Barbara Engleson, City Clerk (print name/title) 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, Secretary, President, or Assistant Secretary, Vice-President 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney Assis ant City Attorney 8 City Attorney Approved Version 6/12/18 BY: DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed materials testing services in accordance with the city's Request for Qualifications (RFQ20-1030CMI) with Fee Proposal dated June 12, 2020. The agreed upon billing rates for services outlined in said proposal are attached hereto. For field services, the client will be charged for the hours actually worked in 2, 4, 6 and 8 hour increments. If the use of subcontractors is approved by the city, they shall be billed at cost plus no more than 10%. 9 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CM1 Exhibit "A" (continued) NOVA FEE SCHEDULE STAFF 1. NAME James E. Parker, PE TITLE Project Manager/Principal Engineer HOURLY RATE $200.00 2. Matthew S. Bovee, PE Project Engineer $155.00 3. John F. O'Brien, PE, GE Principal Geotechnical Engineer $200.00 4. Melissa Stayner, PG, CEG Senior Engineering Geologist $175.00 5. Wail Mokhtar Project Engineer $155.00 6. Kevin Conner Laboratory Manager $ 75.00 7. Adam Greening Assistant Laboratory Manager $ 65.00 8. Armando Gonzalez Laboratory Technician $ 55.00 9. Rene Solano Jr. Laboratory Technician/Field Technician $ 45.00/100.00 10. Brian Gillespie Field Technician $100.00 11. Dustin Jasper Field Technician $100.00 12. Rick Patton Field Technician $100.00 13. Robert Rocha Ultrasonic Testing Technician 1 $104.00 EXPENSES DESCRIPTION Coring Two Man Crew COST $265.00/day % MARKUP 0 1. 2. Pachometer (reinforcing steel) $ 50.00/day 0 3. Skidmore/Wilhelm $100.00/day 0 4. Manometer $ 50.00/day 0 5. Schmidt Hammer $ 25.00/day 0 6. Technical Drafter (CAD) $ 85.00/hour 0 7. Word Processing/Administrative $ 55.00/day 0 8. Pick-Up/Delivery within San Diego County $ 85.00/trip 0 9. Monthly Electronic Reporting $325.00/month 0 TRAVEL TIME AND MILEAGE For projects that are greater than 50 miles from NOVA's Office, $0.85/per excess mile to and from the project will be charged for inspectors and technicians. EXPENSES AND OUTSIDE SERVICES Outside services not included in this fee schedule (samples sent to outside laboratory for testing, samples sent to out- side fabricator or machine shop, equipment and subcontractors) are all charged at cost plus 10%. Per Diem (meals only) charged at $65 per day. DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 #1011 NOVA PSA21-1205CMI Exhibit "A" (continued) FEE SCHEDULE Based on CA DIR Determination SD-23-63-3-2019-1D— Expiration Date 6/30/2020. LABORATORY TESTING Test ASTM/Caltrans Fee Soil and Aggregate, Primary Testing Compaction Curve, Modified, 6" D 1557 $195.00 Compaction Curve, Modified, 4" D 1557 $190.00 Compaction Curve, Standard, 6" D 698 $195.00 Compaction Curve, Standard, 4" D 698 $190.00 Compaction Check Point $ 75.00 California Impact CT-216 $220.00 Oversize Rock Correction D 4718 $ 70.00 Sieve Analysis, with Wash C 136, CT-202 $130.00 Sieve Analysis, coarse, w/o Wash C 136, CT-202 $ 55.00 Sieve Analysis, fine with Hydrometer D 422, CT-203 $210.00 #200 Sieve Wash D1140 $ 85.00 Specific Gravity and Absorption, Coarse C 127, CT-206 $ 75.00 Specific Gravity and Absorption, Fine C 128, CT-207 $ 85.00 Unit Weight and Voids in Aggregate C 29, CT-212 $ 65.00 Moisture Content D2216 $ 35.00 Moisture Content and Dry Density D 2937 $ 35.00 Atterberg Limits: PL, LL, PI D4318, CT-204 $145.00 Atterberg Limits—NP D4318, CT-204 $145.00 Sand Equivalent, Average of Three D2418, CT-217 $105.00 Sand Equivalent D 2418 $ 85.00 Durability Index, Coarse D 3744, CT-229 $255.00 Durability Index, Fine D 3744, CT-229 $255.00 Cleanness Value CT-227 $115.00 Los Angeles Abrasion (LA Rattler) C 131 / C 535, CT-211 $360.00 Soil, Secondary Testing Expansion Index D 4829, UBC 29-2 $160.00 R-Value D 2844, CT-301 $250.00 Consolidation, per point D 2435 $ 65.00 Direct Shear, UU, CD, CU D 3080 $300.00 Sulfate and Chloride Content $ 90.00 pH and Resistivity CT-643 $140.00 Unconfined Compression D 2166 $110.00 Asphalt Concrete Hveem Stability and Unit Weight D 1560, CT-366 $190.00 Maximum Theoretical Specific Gravity (Rice) D 2041 $ 85.00 Percent Asphalt — Ignition Oven, no gradation C 6307, CT-382 $ 85.00 Percent Asphalt with Gradation (ignition oven) C 6307, CT-382 $180.00 Unit Weight Only (compacted sample or core) D 2726 /D 1188, CT-308 $ 30.00 Unit Weight Requiring Compaction D 2726, CT-304 /308 $100.00 Asphalt Mix Design AASHTO, Caltrans, Greenbook Quote Asphalt Mix Design Review $165.00 of Car/ 20- SY_ Discipline ,7::;ed Mater::: s DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CM1 Exhibit "A" (continued) FEE SCHEDULE igkt NOVA LABORATORY TESTING ASTM/Caltrans Fee Test Concrete and Masonry Concrete Cylinder Compression Test (4x8, 6x12) C 39, CT-521 $ 25.00 . Compression Test, Mortar, Grout C 780 / C 1019 $ 35.00 Compression Test, High-Strength Grout C 109 $ 45.00 Compression Test, Core (includes sample prep) C 42 $ 65.00 Compression Test, Lightweight Concrete (insulating, fill) C 495 $ 50.00 Compression Test, Shotcrete Panel, set of four cut cores C 42 $325.00 Flexural Strength, 6X6 beam C 78 / C 293 $ 75.00 Unit Weight Fresh Concrete C 138, CT-518 $ 45.00 Unit Weight, Lightweight Concrete C 567 $ 75.00 Concrete Trial Batch Quote Concrete Mix Design Quote Concrete Mix Design Review $185.00 Moisture Vapor Emission Kits F1869 $ 30.00 Shotcrete Nozzleman Certification-mock up panel, coring, and grading, per nozzleman. $1,950.00 Composite Prism Masonry Unit — Compression ASTM C1314 $155.00 Compression Test, Block C 140 $ 60.00 Compression Test, Brick C 67 $ 45.00 Absorption, Unit Weight, and Received Moisture, Masonry Block C 140 $105.00 Linear Shrinkage, Masonry Block C 426 $130.00 Masonry Block Conformance (absorption, unit weight, compressive strength) C 90 $550.00 Masonry Brick Rupture $ 90.00 Steel and Fireproofing Bolt-Nut-Washer Conformance Testing F 606 $645.00 Bolt-Nut-Washer, Hardness Only F 606 $125.00 Reinforcing Steel, Tensile Test, < No. 11 bar A 370 $ 75.00 Reinforcing Steel, Tensile Test, 11 to 18 bar A 370 $125.00 Reinforcing Steel, Bend Test, 11 bar or smaller A 370 $ 75.00 Fireproofing — Density Test (template/displacement) E 605 $ 55.00 Fireproofing Adhesion/Cohesion E736 $ 10.00 Structural Steel $240.00 Miscellaneous Additional Sample Preparation, per hour $ 65.00 Lab Technician, per hour $ 65.00 DocuSign Envelope ID: D19F2769-7E87-4937-A62F-5CB18F3C3D62 PSA21-1205CMI Add the following bold underlined language to 10.1.1 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The limits for Commercial General Liability can be achieved through a combination of primary and excess or umbrella liability insurance, provided that such coverage will result in the same or greater coverage as the coverage required under this Section. City Attorney Approved Version 6/12/18 7 0 ACCPRE, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DINYYYY) 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). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 CONTACTNAME: Certificate Department PHONE FAX (A/C No Ext). 619-744-0574 (A/C. No): 619-234-8601 E-MAIL ADDRESS: certificates@cavignac.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Company of America 25674 INSURED NOVASER-01 Barnett Quality Control Services, Inc. 4373 Viewridge Avenue, Suite B San Diego, CA 92123 INSURER B: Travelers Indemnity Co of Conn 25682 INSURER C: The State Compensation Insurance Fund 35076 INSURER D : Berkley Insurance Company 32603 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 234846133 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y 6806K057400 1/31/2020 1/31/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES Mi-- PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible $ 0 A X X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS x SCHEDULED AUTOS 1,15T1O-SWN E D BA9A65757A 1/31/2020 1/31/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X — OCCUR CLAIMS-MADE CUP6K073473 1/31/2020 1/31/2021 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A Y 9268909 (CA) 6JUB4N795694 (AZ) 1/31/2020 1/31/2020 1/31/2021 1/31/2021 y - PERT TE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability AEC903457202 1/31/2020 1/31/2021 Per Claim/Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 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 tOthit @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 6806K057400 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION ll - 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" CAUSED, IN WHOLE OR IN PART, 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". CG 20 37 07 04 CG T8 04 07 18 Page 1 of 2 Policy Number: 6806K057400 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 Page 1 of 1 CG T8 04 07 18 Page 2 of 2 Policy Number: 6806K057400 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATIONTHIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, 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", "PROPERTY DAMAGE",PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THEFOLLOWING ADDITIONAL EXCLUSIONS APPLY;This insurance does not apply to bodily injury or property damage"occurring, or personal injury or advertising injury arising out of an offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, CG T8 03 07 18 Page 1 of 2 Policy Number: 6806K057400 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: MAINTENANCEOR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; 0R2. THAT PORTION OF YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISESHAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THANANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CGD361 0305Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 CG T8 03 07 18 Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6806K057400 c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not perrnit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an 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 that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.