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Home My WebLink AboutLeighton Consulting Inc; 2016-09-29; TRAN29TRAN29 City Attorney Approved Version 1/30/13 1 RATIFICATION OF AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES LEIGHTON CONSULTING, INC. This ratification of Amendment No. 2 and Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2019, ratifying and extending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Leighton Consulting, Inc, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection. RECITALS A. On July 10, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. On September 10, 2018, the Parties executed Amendment No. 2 to extend and fund the Agreement for a one (1) year term through September 29, 2019; and C. The Parties have continuously performed, and continued to perform, under the Agreement although the City signatory to Amendment No. 2 lacked proper authority to sign; and D. The Parties desire to ratify Amendment No. 2 to the Agreement, retroactive to September 10, 2018; and E. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 2 to the Agreement is hereby ratified, retroactive to September 10, 2018. 2. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 28, 2020, on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// DocuSign Envelope ID: 1FF9F0F9-358C-43CC-BF3E-A42EB801F1FC 27th August TRAN29 City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR LEIGHTON CONSULTING INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager Thomas C. Benson, CEO (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Joseph Dean, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 1FF9F0F9-358C-43CC-BF3E-A42EB801F1FC INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Lexington Insurance Company Travelers Indemnity Co of CT 2/20/2019 BB&T Insurance Services of Orange County 2400 E Katella Ave Suite 1100 Anaheim, CA 92806 Lori McNay 714 941-2815 LMcNay@bbandt.com Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614-6009 19437 25682 AX X XX 065463440 Overall Policy 02/14/2019 General 02/14/2020 Aggregate 1,000,000 50,000 EXCLUDED 1,000,000 2,000,000 2,000,000 $5,000,000 B X XX BA0305L81419CAG 02/14/2019 02/14/2020 1,000,000 A XX X 10000 006546318 02/14/2019 02/14/2020 5,000,000 5,000,000 A Prof/Pollutn Liab Claims Made 013001524 02/14/2019 02/14/2020 $2,000,000 Per Claim $4,000,000 Aggregate $50,000 Ded Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX4316 06/14 and LX9605 10/01 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08/05 attached to policy. Additional Insured and Primary wording applies on Automobile Liability per Travelers endorsement CAT474 (See Attached Descriptions) (LC)City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008 1 of 2#S22976412/M22957204 305LEIGHGROClient#: 1257049 LXMCN1 of 2#S22976412/M22957204 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) 0215, Blanket Additional Insured-Primary and Non-Contributory with Other Insurance, attached to the Automobile policy as required by written contract. Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include per specifications: City of Carlsbad, its officials, employees and volunteers. Waiver of Subrogation applies on General Liability as contained within Lexington's Waiver of Subrogation (Blanket)endorsement LX0485 11/03 attached to the General Liability policy as required by written contract. Waiver of Transfer Rights of Recovery Against Others to Us applies on Automobile Liability per Travelers endorsement CAT340 0215 attached to the Automobile policy as required by written contract. Notification of cancellation will be provided in accordance with the terms and conditions of the referenced policies, as contained within the attached carrier endorsement forms. 2 of 2 #S22976412/M22957204 #$## ),*+50.10-4 3/.(0/' " 2( ! ( &( %'%# '!'#$# ' % 5! 4 "! "! 02/14/2019 065463440 Leighton Consulting Inc This page has been left blank intentionally. $ %$!$ /+*),+(! # .) " ) ') "!(- & "'$ %$!$ ( & 1" 0 ! 02/14/2019 065463440 Leighton Consulting Inc This page has been left blank intentionally. *"$$) *&,% ," !# !* # # !#* "# # # # # +!" #! - +&#) ," *") ,') (" $ '* ! "*%*1 ! " #(* ! #*(**1 ! - # 1 ! ! # #" !#- * * %* , , 0 0 1 2 2 2 2 1 0 0 2 2 * , 1 % * 1 2 2 2 2 0 2 2 1 & , & 0 /! / !# & $& )' (% ! / ! . . " ! ! BA0305L81419CAG Leighton Consulting Inc This page has been left blank intentionally. POLICYNUMBER: 065463440 ENDORSEMENT#COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Carlsbad/CMWD1635 Faraday Ave Carlsbad, CA 92008-0000 Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include per specifications: City of Carlsbad, its officials, employees and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended toincludeasaninsuredthepersonor organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury"or"propertydamage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 LX9605 ENDORSEMENT Thisendorsement,effective12:01AM 02/14/2019 Forms a part of policy no.:065463440 Issued to:LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS (Based on CG2037 04/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) Location of Completed Operations or Organization(s) AS REQUIRED BY WRITTEN CONTRACT (LC)City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008-0000 Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include perspecifications: City of Carlsbad, its officials, employees and volunteers. Information required to complete this Schedule, if not shown above, will beshownintheDeclarations A.SectionII-WhoIsAnInsuredis amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", or "property 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". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than thatwhichyouare required by the contract or agreement to provide for such additional insured. B..With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: LX4316 (06/14)Includes Copyrighted Information of the Insurance ServicesOffices, Inc., with its permission. All Rights Reserved. Page 1 of 2 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same. Authorized Representative LX4316 (06/14)Includes Copyrighted Information of the Insurance ServicesOffices, Inc., with its permission. All Rights Reserved. Page 2 of 2 6*,,4'608- 8$%* ".-# 1(2'$#1)1(" 3.5(/1# ".1 &'*-3C &*15#1 $152 -" 35$10!**C 4*5(+1" 5- 1$ '0 #!4$'/5"-'( % : 8$%* 548-4'& 6*#4'824 3*', 7$&0+4&& 8$%* 6*#4'824 3*', ,*%*' 68''04' 6*#4'824 3*', % ) 5C<CH " $ ' $ 5 ' " ! H OO OOH 3'(2-"-'(#&:OO OO <C " ' $ ' $ 5 'D F % G " ! G F" 35 "> =A A? @< "$#! % F )CC ' % % ENDORSEMENT This endorsement, effective 12:01 AM Forms a part of policy no.: Issued to: By: WAIVER OF SUBROGATION (BLANKET) All other terms and conditions remain unchanged. LEXOCC234 (11/03) LX0485 Authorized Representative OR Countersignature (In states where applicable) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. # 011 02/14/2019 065463440 LEIGHTON GROUP, INC. LEXINGTON INSURANCE COMPANY Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc. Policy #065463440 02/14/19-02/14/20 Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc Policy #BA0305L81419CAG 02/14/19-02/14/20 Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc. Policy #006546318 02/14/19-02/14/20 Leighton Group Inc, Leighton Consulting Inc Policy #013001524 02/14/19-02/14/20 TRAN29 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND MASTER AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES LEIGHTON CONSULTING, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated September 29, 2016 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Leighton Consulting, Inc, a California corporation, (“Contractor") (collectively, the “Parties”) for as-needed horizontal construction management and inspection services. RECITALS A. On July 10, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a one (1) year term through September 29, 2018; and B. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2019, on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// DocuSign Envelope ID: EDBA0BED-76E1-4DBB-9092-66E2B05084C2 September 10th TRAN29 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, LEIGHTON CONSULTING INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) For Scott Chadwick, City Manager Thomas C. Benson / CEO (print name/title) ATTEST: By: (sign here) FOR BARBARA ENGLESON Joseph Dean / Secretary City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: EDBA0BED-76E1-4DBB-9092-66E2B05084C2 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Lexington Insurance Company Travelers Indemnity Co of CT 2/28/2018 BB&T Insurance Services of Orange County 2400 E Katella Ave. Suite 1100 Anaheim, CA 92806 Kathy Waters 714 941-2938 KWaters@bbandt.com Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614-6009 19437 25682 A X X X X 065463440 Overall Policy 02/14/2018 General 02/14/2019 Aggregate 1,000,000 50,000 EXCLUDED 1,000,000 2,000,000 2,000,000 $5,000,000 B X X X BA0305L81418CAG 02/14/2018 02/14/2019 1,000,000 A X X X 10000 006546318 02/14/2018 02/14/2019 5,000,000 5,000,000 A Prof/Pollutn Liab Claims Made 013001524 02/14/2018 02/14/2019 $2,000,000 Per Claim $4,000,000 Aggregate $50,000 Ded Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include per specifications: City of Carlsbad, its officials, employees and volunteers. Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX4316 06/14 and LX9605 10/01 attached to the General Liability (See Attached Descriptions) (LC)City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008 1 of 2 #S19591062/M19526647 305LEIGHGROClient#: 1257049 LXMCN 1 of 2 #S19591062/M19526647 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08/05 attached to policy. Additional Insured and Primary wording applies on Automobile Liability per Travelers endorsement CAT474 0215, Blanket Additional Insured-Primary and Non-Contributory with Other Insurance, attached to the Automobile policy as required by written contract. Waiver of Subrogation applies on General Liability as contained within Lexington's Waiver of Subrogation (Blanket)endorsement LX0485 11/03 attached to the General Liability policy as required by written contract. Waiver of Transfer Rights of Recovery Against Others to Us applies on Automobile Liability per Travelers endorsement CAT340 0215 attached to the Automobile policy as required by written contract. Notification of cancellation will be provided in accordance with the terms and conditions of the referenced policies, as contained within the attached carrier endorsement forms. 2 of 2 #S19591062/M19526647 ˛˝ ¨ºŁŒ łæ ‚•› »†…–ﬁ›»‡»†‹ »””»‰‹•“» –ﬁ‡› ¿ ¿ﬁ‹ –” –·•‰§ †– ››«»… ‹– § ·· –‹‚»ﬁ ‹»ﬁ‡› ¿†… ‰–†…•‹•–†› ﬁ»‡¿•† «†‰‚¿†„»… «‹‚–ﬁ•ƒ»… ˛»ﬁ»›»†‹¿‹•“» ˛ –«†‹»ﬁ›•„†¿‹«ﬁ» ł† ›‹¿‹»› '‚»ﬁ» ¿·•‰¿·» † ‰–†›•…»ﬁ¿‹•–† –” ‹‚» ﬁ»‡•«‡ ‰‚¿ﬁ„»… •‹ •› ‚»ﬁ»§ ¿„ﬁ»»… ‹‚¿‹ ‹‚» ‰¿†‰»··¿‹•–† ﬁ–“•›•–† •› ¿‡»†…»… ‹– …¿§› •† ·•»« –” ł …¿§› »¤‰»‹ ”–ﬁ †–†¿§‡»†‹ –” ﬁ»‡•«‡ '‚•‰‚ ﬁ»‡¿•†› ł …¿§› Œ ææ Ł ˛¸— ¨ ˝¸˛ —˙ 065463440 ˛˝ ¨Ł Ł łŁ æº ‚•› »†…–ﬁ›»‡»†‹ »””»‰‹•“» –ﬁ‡› ¿ ¿ﬁ‹ –” –·•‰§ †– ››«»… ‹– § —˛˛˙æ ˛¸˛˙ ˛˝ ‚•› »†…–ﬁ›»‡»†‹ ‡–…•”•»› •†›«ﬁ¿†‰» ﬁ–“•…»… § ‹‚» –·•‰§ ·· –‹‚»ﬁ ‹»ﬁ‡› ¿†… ‰–†…•‹•–†› –” ‹‚» –·•‰§ ﬁ»‡¿•† ‹‚» ›¿‡» «‹‚–ﬁ•ƒ»… ˛»ﬁ»›»†‹¿‹•“» ˛ –«†‹»ﬁ›•„†¿‹«ﬁ» ł† ›‹¿‹»› '‚»ﬁ» ¿·•‰¿·» –‹'•‹‚›‹¿†…•†„ ¿†§ –‹‚»ﬁ ﬁ–“•›•–† –” ‹‚» –·•‰§ ‹– ‹‚» ‰–†‹ﬁ¿ﬁ§ ‹‚» •†›«ﬁ¿†‰» ¿””–ﬁ…»… § ‹‚•› –·•‰§ ”–ﬁ ‹‚» »†»”•‹ –” ‹‚» ……•‹•–†¿· †›«ﬁ»… ›‚¿·· » ﬁ•‡¿ﬁ§ •†›«ﬁ¿†‰» «‹ –†·§ '•‹‚ ﬁ»›»‰‹ ‹– ¿†§ ‰·¿•‡ ·–›› –ﬁ ·•¿•·•‹§ ¿ﬁ•›•†„ –«‹ –” ‹‚» ¿‡»… †›«ﬁ»…ø› –»ﬁ¿‹•–†› ¿†… ¿†§ •†›«ﬁ¿†‰» ‡¿•†‹¿•†»… § ‹‚» ……•‹•–†¿· †›«ﬁ»… ›‚¿·· » †–†‰–†‹ﬁ•«‹•†„ ææ Ł ˛¸— ¨ ˝¸˛ —˙ 065463440 ˛˝ ‚•› »†…–ﬁ›»‡»†‹ »””»‰‹•“» –ﬁ‡› ¿ ¿ﬁ‹ –” –·•‰§ †– ››«»… ‹– § ˚˛ ˝¸˛ ł ·· –‹‚»ﬁ ‹»ﬁ‡› ¿†… ‰–†…•‹•–†› ﬁ»‡¿•† «†‰‚¿†„»… ¨ łæ ¨Łº «‹‚–ﬁ•ƒ»… ˛»ﬁ»›»†‹¿‹•“» ˛ –«†‹»ﬁ›•„†¿‹«ﬁ» ł† ›‹¿‹»› '‚»ﬁ» ¿·•‰¿·» ‹ •› ¿„ﬁ»»… ‹‚¿‹ '» •† ‹‚» »“»†‹ –” ¿ ¿§‡»†‹ «†…»ﬁ ‹‚•› –·•‰§ '¿•“» –«ﬁ ﬁ•„‚‹ –” ›«ﬁ–„¿‹•–† ¿„¿•†›‹ ¿†§ »ﬁ›–† –ﬁ –ﬁ„¿†•ƒ¿‹•–† '‚»ﬁ» ‹‚» •†›«ﬁ»… ‚¿› '¿•“»… ·•¿•·•‹§ –” ›«‰‚ »ﬁ›–† –ﬁ –ﬁ„¿†•ƒ¿‹•–† ¿› ¿ﬁ‹ –” ¿ 'ﬁ•‹‹»† ‰–†‹ﬁ¿‰‹«¿· ¿„ﬁ»»‡»†‹ »‹'»»† ‹‚» •†›«ﬁ»… ¿†… ›«‰‚ »ﬁ›–† –ﬁ –ﬁ„¿†•ƒ¿‹•–† »†‹»ﬁ»… •†‹– ﬁ•–ﬁ ‹– ‹‚» –‰‰«ﬁﬁ»†‰» –ﬁ –””»†›» ææ Ł ˛¸— ¨ ˝¸˛ —˙ 065463440 POLICYNUMBER: 065463440 ENDORSEMENT# COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008 Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include per specifications: City of Carlsbad, its officials, employees and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ISO Properties, Inc., 2000 Page 1 of 1 LX9605 ENDORSEMENT This endorsement, effective 12:01 AM 02/14/2018 Forms a part of policy no.: 065463440 Issued to: LEIGHTON GROUP, INC. B y: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURE D - OWNE RS, LE SSEE S OR CONTRACTORS- COMPLE TE D OP E RATIONS (Based on CG2037 04/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIAB ILITY POLICY SCHEDULE Name of Additional Insured Person(s) Location of Completed Operations or Organization(s) AS REQUIRED BY WRITTEN CONTRACT (LC)City of Carlsbad/CMWD 1635 Faraday Ave Carlsbad, CA 92008 Re: Proj #11383 City of Carlsbad/Ma Testing Services On-Call, Materials Testing Services, Various Locations Additional Insured to include per specifications: City of Carlsbad, its officials, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", or "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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. . With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: LX4316 (06/14) Includes Copyrighted Information of the Insurance Services Offices, Inc., with its permission. All Rights Reserved. Page 1 of 2 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same. Authorized Representative LX4316 (06/14) Includes Copyrighted Information of the Insurance Services Offices, Inc., with its permission. All Rights Reserved. Page 2 of 2 Do not add this form to a policy. It is for informational purposes only.COMMERCIALAUTO THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. BLANKETADDITIONALINSURED PRIMARYAND NON-CONTRIBUTORYWITHOTHERINSURANCE Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSAUTOCOVERAGEFORM PROVISIONS2.ThefollowingisaddedtoParagraph B.5.,Other Insurance of SECTIONIV BUSINESSAUTO1.ThefollowingisaddedtoParagraph A.1.c.,Who CONDITIONS:IsAnInsured,of SECTIONIl COVERED AUTOSLIABILITYCOVERAGE:Regardlessoftheprovisionsofparagraph a.and paragraph d.ofthispart 5.OtherInsurance,thisAnypersonororganizationwhoisrequiredunder insuranceisprimarytoandnon-contributorywithawrittencontractoragreementbetweenyouand applicableotherinsuranceunderwhichanaddi-thatpersonororganization,thatissignedand executedbyyoubeforethe"bodilyinjury"or tionalinsuredpersonororganizationisthefirst "propertydamage"occursandthatisineffect namedinsuredwhenthewrittencontractor duringthepolicyperiod,tobenamedasanaddi-agreementbetweenyouandthatpersonoror-tionalinsuredisan"insured"forCoveredAutos ganization,thatissignedandexecutedbyyouLiabilityCoverage,butonlyfordamagestowhich beforethe"bodilyinjury"or"propertydamage"thisinsuranceappliesandonlytotheextentthat occursandthatisineffectduringthepolicype-personororganizationqualifiesasan"insured"riod,requiresthisinsurancetobeprimaryandundertheWhoIsAnInsuredprovisioncontainednon-contributory.in SECTIONII. CAT4740215 œ2015TheTravelersIndemnityCompany.Allrightsreserved.Page1of1 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.withitspermission. Leighton Group Inc, Leighton & Associates Inc, Leighton Consulting Inc Policy #BA0305L81415CAG 02/14/15 - 02/14/16 ˛¸ ˝˛˝˝—˙—˝˛˛¸˙ ˚˛˝¸˛ ‚•›»†…–ﬁ›»‡»†‹‡–…•”•»›•†›«ﬁ¿†‰»ﬁ–“•…»…«†…»ﬁ‹‚»”–··–'•†„ ¸˛˝˚˛˛ ¸˝˝˝¸˚˛˛ ˛˛˛˛˚˛˛ ‚»”–··–'•†„ﬁ»·¿‰»›—¿ﬁ¿„ﬁ¿‚ºﬁ¿†›”»ﬁ–”ﬁ»ﬂ«•ﬁ»…–”§–«§¿'ﬁ•‹‹»†‰–†‹ﬁ¿‰‹»¤»‰«‹»…˛•„‚‹›”˛»‰–“»ﬁ§„¿•†›‹‹‚»ﬁ›–¸›–”‹‚»ﬁ•–ﬁ‹–¿†§¿‰‰•…»†‹–ﬁ·–››ﬁ–“•…»…‹‚¿‹‹‚»˝˝»‰‹•–†¿‰‰•…»†‹–ﬁ·–››¿ﬁ•›»›–«‹–”‹‚»–»ﬁ¿‹•–†› ºﬁ¿†›”»ﬁ”˛•„‚‹›”˛»‰–“»ﬁ§„¿•†›‹‹‚‰–†‹»‡·¿‹»…§›«‰‚‰–†‹ﬁ¿‰‹‚»'¿•“»ﬁ¿ »ﬁ›–¸›·•»›–†·§‹–‹‚»»ﬁ›–†–ﬁ–ﬁ„¿†•ƒ¿‹•–†…»›•„ †¿‹»…•†›«‰‚‰–†‹ﬁ¿‰‹»'¿•“»¿†§ﬁ•„‚‹–”ﬁ»‰–“»ﬁ§'»‡¿§‚¿“» ¿„¿•†›‹¿†§»ﬁ›–†–ﬁ–ﬁ„¿†•ƒ¿‹•–†‹–‹‚»»¤‹»†‹ º&º‚»ﬁ¿“»·»ﬁ›†…»‡†•‹§–‡¿†§··ﬁ•„‚‹›ﬁ»›»ﬁ“»…—¿„»–” †‰·«…»›‰–§ﬁ•„‚‹»…‡¿‹»ﬁ•¿·–”†›«ﬁ¿†‰»˝»ﬁ“•‰»›””•‰»†‰'•‹‚•‹›»ﬁ‡•››•–† 08/27/2018 Tutton Insurance Services 2913 S Pullman Street License #0B89376 Santa Ana CA 92705 Certificate Department (949) 261-5335 (949) 261-1911 ltouch@tutton.com or breza@tutton.com Leighton Consulting, Inc. 17781 Cowan Ste. 200 Irvine CA 92614 Starstone National Insurance Company 25946 18/19 WC A T10180590 09/01/2018 09/01/2019 1,000,000 1,000,000 1,000,000 Re: Proj #11383 City of Carlbad/Mat Testing Services On-Call, Materials Testing Services, Various LocationsIncludes Blanket WOS per WC040306 4/84. City of Carlsbad 1635 Faraday Ave Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __*__% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09/01/18 Policy No. T10180590 Endorsement No. 13 Insured Leighton Group, Inc. Policy Effective Date 09/01/18 Insurance Company StarStone National Insurance Company Countersigned By ______________________________________ WC 04 03 06 (Ed. 4-84) ©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES LEIGHTON CONSULTING, INC. TRAN29 This Amendment No.1 is entered into and effective as of the ) Of:;/1 day of _..;;:,,,..,..1....1,,,..&.-~~-...-----' 2017, extending and amending the agreement dated September 2 0 6 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("C, y"), and Leighton Consulting, Inc., a California corporation ("Contractor'') (collectively, the "Parties") for materials testing services. RECITALS A. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one ( 1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on September 29, 2018 on a time and materials basis not-to-exceed six hundred thousand dollars ($600,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN29 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR LEIGHTON CONSULTING, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: /2 I ,,/ i _,, / I Kevm Crawford, City Manager 1"HOMA 5 C. BeN S'ON. JR .. Alt(E.5108'/T' f Cl!'C> ' (print name/title) ATTEST: (sign her,> /c/2/.t-~tl ~7 £~;_;1;,v (1-o (print name/title) t:, .,.> / 1 7 (~ .. ~JJh;/4~~~ Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY.nu~ Deputy clfyAttorey City Attorney Approved Version 1/30/13 2 AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES {LEIGHTON CONSULTING, INC.} THIS A~ is made and entered into as of the ~ day of "'" , 20_lk by and between the CITY OF CARLSBAD, a municipal corpor~~f9\:andLIGHTON CONSULTING, INC., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in materials testing. B. Contractor has the necessary experience in providing professional services and advice related to materials testing of private as well as municipal projects. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be six hundred thousand dollars ($600,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed six hundred thousand dollars ($600,000) per Agreement year. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 2/29/16 1 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax 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. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and City Attorney Approved Version 2/29/16 2 volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City Attorney Approved Version 2/29/16 3 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES City Attorney Approved Version 2/29/16 4 The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Fred Gaines Jr. Title Management Analyst Department Transportation/CM&I City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92039 Phone No. 760-602-7557 For Contractor Name Title Pee:SiOEN'T ,. CEO Address I 7781 CCiAiAN IP'.Vir./£ CA 9Z0i4-G:>O(Jq Phone No. (9oc;) 527·-8771 Email .,..&;;. ii5C'Ir/{i /a.;c/~1-cn[jrc(.!p. (em () . I Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (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 City Attorney Approved Version 2/29/16 5 Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 2/29/16 6 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California /}~; . / By ~ [INS~fCE OfERSON AUTHORIZED TO SIGN -(City Manager or Mayor -er Dioisio11 Direeter as authorized by the City Manager)] rHOMAS C. 8ENSOAI1 .JR.~ P'RESIJ:?e/'17 /ceo (print name/title} 1 ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f a corporation, Agreement must be signed by one corporate officer from each of the following two groups. City Attorney Approved Version 2/29/16 7 Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~ -"'AA;:;;s;s;is+;ta;;n;+t rc~it:;;y"AA~tt;-;;o;;:;rn:;-;e;:y~--- ~u/y AGREEMENT FOR AS-NEEDED MATERIALS TESTING SERVICES (LEIGHTON CONSULTING, INC.) City Attorney Approved Version 2/29/16 8 EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform as-needed materials testing services in accordance with the city's Request for Qualifications with Fee Proposal dated April 25, 2016. The agreed upon billing rates for services outlined in said proposal are attached hereto. Any rate increases are subject to negotiation and approval by city staff. If the use of subcontractors is approved by the City, they shall be billed at cost plus 10%. City Attorney Approved Version 2/29/16 9 2016 PROFESSIONAL FEE SCHEDULE CLASSIFICA llON ViR T~ 77 T i1Cilf!Q1n 11 I SpM:iallrspedcr 8S Sen a r ectnictaf'i 1 Sen101 SpecJattnspedof es Pr!!lllliling Wage iF 1llld St:ds I "'-"'* lMc!er\ • 104 F're~•hrlg Wage IBuid•n;~' Ccnr.truCOOI> •napect:)') • 104 ~ailng Wlf98 1Sw-ce lospeaa ~cr a-d S.:.I!Wmo:l<lll~" o&N1 • Hl9 Sys1tn1 Operabor & Mamlenaroe Soeoaist 126 Nm Deslruc.We l emg 126 Oeputp' Inspector 128 F111kl · Laboratory Superv!9Jr 126 Source lnspedOr I 104 Source lnspeclolll 106 Source Inspector Ill 109 CUSSIFIC.ll10N Pto,ecl AdMII'Itslnllo<fWcnJ ~spalcher <nfon!lakln Spectalist CAD~ G:S SQeo:;ist Staff Engilleef I GeoO:lc}6t .1 Soentist Sen•Cf' Slafl E ,gr.eer ! Ge:llt-:~isll Scientist Operar~Jns 1 L.abof'lllnl'r l.fanager Prll!«< E ll!jlroeet ' Geologm i SctertiSI Senror Protect Ergilleef ,· Geobgtst I Soe:ltst AsiOCiale Prill opal Ser11or~nop31 . s~ Pr!hallng Wage r • &'!Ill< and Candi!UIS GEOTECHNICAL LABORATOAY TeSTING METHOO $/T£ST METHOO a..ASSIACA 1'04 & INDEX PftOPERTIES Callfolnlll Sel!iflf\9 Ri!illO (CBR ASTM 0 1883; ~apll af sample 10 -3!X)tnl Moistlft conten1 (AST\4 0 22'61 2(1 1 !X)Inl Yotsture & densty tASTI.t 0 2937) nng sa~ Jl) R Value (CTV 301) 111lrealed VoiS1url! & densty 1AS1'M 0 2937) Si!elby \lbe or cu~ 40 R-Value (CT\4 301) l!meorcement1rea!ed sols Altel!lerg lMIIS (A.STI.I 0 -'318) 3 JX)ints 150 SOl. CHEMSTRY & COAROSMTV Single JX)tnt non paslr: 85 pH M~ A (ASTM 4972 or CTM 643) 1\lteltletg fiM4s (0tgan1c ASTM 0 2487 i 4318.1 180 Eleo::tncal ~-Wigle JX)nl -as reawed moisture $'HA 72 99 108 122 126 135 153 153 176 184 194 225 SfTES.,. )00 185 310 ~I) 4& 45 1/is.li:J aassificalimas nonpl.aslic tASTM D 2488) 1() Ulnm~.m ~tt'!ty 3 !l10tSiilre COfllenl pctr4S (A$1\1 G 1871CTM 643; 90 Partlelesue pH • l'lllnlrNm resistr.ily (CTM 643) 130 Seve only 1/i inct> to #200, (AST\4 D 6913lC TM IQil 135 StJ/ate cootent grawnetnc (Cl\1 4' l 8 P;wt Ill 70 Large !lie'fe-!ilfCl to W200 (ASTM :J 691J.'CTM 202) 175 Sulfate saeen (Hache! 30 "iy(lrOO!eler only (ASTU D 422) ·to Cnl:lo:le oon!ent (AASWO T291fCTM 422:• 10 Seve • h)'di'Omelef (SJ' SlCIYe ASTM 0 422) 185 Coll1)$(lll su1te mn1""m rnestivity suHal!!. dlk:ride. pt. (CT\4 643) 245 Perter.! PI$SI1Q #200 simi. wast\ only (ASTM :J 1 14\li 7!} Orqanr.: mattsr cooten1 !AS!M 2974; 65 Spoolk: !J3Vi!y-fne (pass~~W,~ #4 AST\4 0 8)41CT\4 207) '25 Spectllc fi3Vll)'-a:lan8 {ASTM C 127/CTM 100) > #4 telaned HXJ SHEAR STRENGTH T o4al JXlfO!Iily · on S!leltly tulle sample (calCUlated ~ denSity & 165 Pocket peoelrCt'neler 15 specific~) D1recl shear iASTht 0 JC80 !I'Od 3 ponls) fatal pm15C)' ·on afller SSMI)Ie 155 Coosct<dated ul'ldrlllned C 05 tr'IC!l/!ll1r ICUl 285 Shnnkage imrts (w.n metlloo AST\4 J J94Ji 126 Cmsdldale!l drained· <0.05 1ncnimm ;CO) 345 P1111'Qie dispetslm (ASTM D 464 7) 2~0 Res-duals~ Ell' ~1'0-2·19J6-IXA sc Disperg'I'E! charadef~ (dout:le hy&ometer .AS"'1>1 D 4221 \ !lO {pr03 per 0ach ao:titicnai oass after sl1ew) As reoeNed momurc 4 denSity (ch .. mlllcarved sarnp;es) 50 RI!(I!Dli:ltng ex haoa !nfl'lf!'ttiQ ot $pe0mi!I"'S '· 3 ponl$1 90 Sard EqLrtalen!(SC ASTM 0 241!f.'CTM 2Hi 105 Crii!I'I!Eid or bled< hand lr'mming (w hour: 65 CCWACTION & PAVEMENT SUBGRAOE liSTS Single POOl shear '05 ~!)'lltCtlili $htlar !ASTM D 6467 ,' AST\1 Cl 76061 820 Standard~ cornpildlon. (ASiM 0 &981 4 !X)tlll$ COHS(Ulol\ ~ & OPANSIONt'SWEll TESTS ~ ltiCt-di~~mcter mold {Uethods A & 81 1ii0 · 6 net-dill"leectf nncld iMelt>:la C 1 /1~ CoosciKlallCI' lAS TM D 74.351 195 ~ proctor •::oMpacUcn I .AS 11.1 Q 155 '' 4 conts Eac!' additicnal trne :I..I'Ve 45 . 4 net-dlall'lllll!r meld !Metho;is A & 3) 220 Ea:h addnicnalload•unbacl wo hme reaOilg 40 · 6 nell cleameter meld ~Metrod C) 245 txpaN>()r lrdet IE. I. AS"M 0 4329) 130 Oiedt pont (per pont} 65 Swell!~-Methcd A tAS?M 0 4546A. JP to ':l ~bJnloads 290 Relallve oornpaCfiOO nllillllreateo:M:te~ soi!s.•ag1199mes (CTM 11£1 ISO wlo llme C41"ies: Re1at1ve density ;o 1 11 rncu:t AS'M D 4/53. 0 42S41 m Smgte load swell•cdlaose Method 8 (ASTM D 4546 8. seat load & 105 nurdate cr "1.1 City Attorney Approved Version 2/29/16 10 METHOD $/TEST TRiAXIAL TESTS UIICCtlfined ~ siren~ of cctii!SI'Ie 900 135 (·~ Slnlss/$tan plat ASTM 0 216E) V'ICOI!sclidaled IJilctaned lnau compresSIOn les4 en cohesrre 170 soils (USACE Q tes1. ASTM D 2850. per oonming stress) Cornioldatllld undrained !rill:llat OOI'IJYI!SS!On teslloc' eollesNe sols 3!5 (ASH~ 0 A767. CU USACE R-bar lest) t1!t!1 badl pressure salura!J:m & pore water pressure measuremen~ (per coofilling SlreSsl CcnSO!Calfld dramed ti3.1ia! ccmp-!!SSltn lest \CD USACf S !e$t) 'At!h YCiume chaoge mE<asurernenl Pree per Si:tl type below EU 1'10-2-19C6(X) -Salld rY ~lty sal1d SOlis (per ccnfining stressl 315 . Sdt or clayey sand sols 1per ronfi111ng S~ress) eoo Clcr1 sols (per cet~fi"'"'il S4ressi 705 "'hree-stage !1\ax"' (sal'ld or sly sard SOlis} 655 -nree~ tncwai ISIH or clayey sard 5011;1 875 -~htee·&taQe !rill:lla tday sols) ' 235 Remaking of lest SQeamens &5 t.ETHOO SITEST HYDRAULIC CON:lt£TMTV TESTS T <iil:lia permeallitily in tle:lli~ penreneeer wrtn tecql(f!SSUre 3 •o saturation at ()'le elledlve stress !EPA 9101).'ASTM 0 5iJ84. falhng head Metl\00 c: E<rlt additional~ s~ 120 Hand trinming ~ sol sanples lor hor,:rontal K 6() Remoldmg ri ~ spectrrell$ ~ Permeabt11y of -ar31'1ulw soils !AS"M D 24:!4) 135 SOIL .cEMENT ~sbJre-dertsily CJrve lor scit<A!f!ll!l'l! muctures (As·t.t 0 558) 240 Wet-dry durllbilty ~ settoemer1 n1Kiures tASTM 0 5591 1 1.205 CrYnpressM! strenQIII ot mcrded SOil oonent C'lfindets (AS Tl.l D 50 1633) per cynJer ' Soil-ce'nertl !1!11'01ded speomen (for shea< strer.gll' 235 cet~!iClftdation. etc 1 1 'Comp0e!JOr1 (ASTM 0 ~ 'Nximvrn aensilyl stood also be psrftnned -nat induded in alxlve pO:le CONSTRUCTlON MATERIALS 1.A80AA TORY TES'nHG SM4PLE TRANSPORT snRIP t.ET'HOO tn'EST Pdl·l4l & deWery 115 T'heoretica maxrnum ae,s;ry al'd specmc g-avr.y oi HMA 130 I~ per lr'4l <53 mlie raliaus 11om ll!!g!ltoo office) (CTM 309t'MSHTO T20!1) METHOO SJTEST 1 hdl!le5$ Of het;jhl of ~acted tlltumtno~.;s pavf'lg 'lm.turv 40 spedmens (ASTl.C 3549) ~ STN:HGTh CHAAACTatSTICS Rubberized asphalt (add to aco...e rates; • 25% Ccf'lcrete ~ CCfflpres$10n (ASTM C 39) (6" x 1 TJ 25 ~ CCfiCiete or ma50'1ry CrYBS ttesbog only) 40 AGGAEGA TE PR<HRTlES S6 lllch <llneter (ASTU : 42] :.S...e analySIS (file & oo:ne aggegare ASTM C 1361 CTM 202t 13!> Tnmnq ~ corvs (~r wei 20 -..!h fiflel ~nan #200 ..as~ tASTM C, 17) =i!xu~ wength ol OOI"Ctl!lle ~smpe beam WCh Jrd pt ·oaiing 8!: .J. Ralller-smaller co;ne aggregme <1.5 JASTl.l C !31.' 100 ASTM C 78/CTM 5231 AASHTOT96) Ftexural ~gill of OOI'<:tete (~mpe !leam w.• center pl loa:ltrg, as LA Ralller targeroo:ne 3Wega(e 1 3' :ASTM C 5.3!>1 2~ ASTM 293JCnA 513) Duri!ClUty tndeJ: 10' cn1 229) 200 Ncn shrr.« guut cubes (7. ASThl C 109.'C '107) 25 Cleanness '/!We oi coarse a;~g-egate ;C'"M 227] 210 Orytng shrmkage [leur "Ba111ngs up to 9Q cays, 3 bar$ 400 Unit~.gl't oi ag~ate :C1M 212) 50 ASTM C 157) Soul'l(j(less m3Qile$um :ASTIJ C M:· 225 HOT MIX ASHPA.L T (i<W.) $oul'l(j(less. sodum 650 Conlpacla:l AC ReslsllFICe 1C M:liSI Damage (AA&11 0 r :l83i 2 100 Unt001Pillded l'llid :ootent-fire a;gresate tCT'\1 :>34.1 '3C AASHTO"l3.t; Hamt-Jrg 'Mice!. 4 briqJenes (modlfl!!dJiAASMTC T 324! 'i!OO F%111 & etoogatec 1)3'tJd$5 m coarse il9ilf1!9i!W (CTM 235t' 215 GyrilfX.Jry Compacllcn (AASHfO r 3171 350 ASTM :l47'illt Extr.J;;~Jor by grnbon Ol'en percent as:ll\aft (4STI.I ~ 631J7 150 Pen;er1t ,:Jf crushed plY1ldes tCTM :?C5.'AASHT0 ;'3351 l35 .'CTI.I 382JAASM'TO f3C.S;• Organic ampt.llbes n oon.:rll'lle salld (CT\l 2~3:· 60 >gn~Kll' O'itn correcbcn•ctm!latiol' ~slues (Jv:lle E.xtractlOo by certrifuge. percent asonall •. AST\f D 21.'21 150 S{;eofr.: fFI!Nty CO<JI!Se "'jtpJ9ale !CTM 21J61 •oo Gradaticn ~ eatractea ~Q!C!jale tASTM 0 5444,CHJ 2021 135 Spe;;.<f'IC ;ravty -fine ag!jregall! \C"'I,tl 2()7) '25 Stabll:lmelef value iC'U 366) 255 Sand E~uNalerlt•:cr 217'AASHTO T 176; Sl!umm~s mixture preparalloo iCThl lC4l 80 Apparent speoflc <Jrll'oll'f al fnE< ~regale (C fl,tl 20!!) '30 P.losture content of it$1lhah (CTPA 310:· so Mc.sture co~t of aggregales by oven 1)"11"9 .w Bul~ specmc gravity 1!1Cidt>d SllOCf'!lEn c~ cores :ASTI.A D ~ 188.· 55 :en.« 226t'AASt<TO '"255) c•M 3081AASkTO • 2751 Clirp UII"ClS fnal:le parxiE!s 1ASTM C 142) <t;t; Ma•1mum denSI(y-Hveerr jCT\1 ):)8: L'JC City Attorney Approved Version 2/29/16 11 Leighton Fee Sdlec!l.ie METHOO SITEST METHOD S.'TEST MASONRY SlA&.()ft..GIWl£ MOISTURE EMISSION KIT Mooar c.,tnders (2" by 4 . ASTM c 780) 25 Motsb.re test kll (~ labo! 10 pe~nr. test. A.STM E 191.l!) 60 GnxA pnl!ll1$ 13' by 6' ASTM C 10191 25 Masoory etns oom;ns9011. so· diameter lteSb~ OOiy 40 ASTMC42l CVU CO!l"OfUSIOO 10 SW! a· X 8' l 16' (J requred ASn,! C 140 I 45 CVU 11'101SiuRl cootent absupto!' & umt ltl!lg!lt [6 ll!QIItrel% 40 REJNFOACING STEEl. Rebar tensile lest. up 10 ~. 10 [ASTI.I A 370; 45 Rebar tensile test No 11 & o-wer iASTr.t A 37JI 100 Rebar beOd tes:. U11 t:l No 1l (ASTU A 3!!ll . 4~ ASTMC 140) STEEl. CMU li1e.tr IJ'ytng sllMl&age (ASTM C 4261 1 !5 CMU !70<Jied PI'SIT!S (::oo"lp!8S5lJI'lest '>8~. 8' X 16' 160 ASiM E 44.' C 1314) CMU jjJOIJted pr.srns (OCI'llp!l!$$l0n lest > 8' x 8' • '6 2SO ASTM E 447 C '314) Te~e slrl!rglt•. !.100.000 pounds axial Iced !ASTM A 370) 45 Pl'llStressng 'toiR!ll!nSI:Jil fASTM A 416) 150 Sample pl!ll.n!IOI' (cutur.g) 50 SPAA Y APPLIED FIREPRCICFING l.411150tvy 0011!-Sheal Title 24 [lest oflly) 7{) Jnr. wet\1!1 (:Jell$1!'f ASH.I E 605: 60 IRICK Cc:rnJnSSOI' :cnstfor eacll 5 'eQwred, ASTM C cT:• 40 EQUJPMENT. SUPPLIES & MATERIALS $.'UNIT SlUt~ IT 1.14 ordl Gr3t platss 5 ea:n \liJ'lomeler 25 day 1.\4 ordl T ulling illaldedl 0 5~ loot l,lileage 054 1111e 114 ondl Tutlng ts.nglel 0.35 loot Nllrtegl~ <0 Pilll 3/8 tndl Tutlf!lg. clear myl 055 loot Nucte111 r101slt.Ye and :IC"lsily gau;e I~CMle:l 4·Gll5 meter \RI<l Eagle or s~'l'dar) 12'3 d3'p Pachctneler 25 day Air ftow meter 111\d Pllf9!! pl.il"lp :2CO ccln111 J 50 dil'( pH.'Coodue!r•li)I'T emperaltn meter 56 day Box at 24 !ICII at>Yet S3'1lpie nngs 120 box Pt!CC<> IOOlU!lon :>etedor (PIO) no day Brass satr1)1e tub% 10 each Pump T yphoor> 2 or 4slage 50 day Clubon tape ( 1000 6:Jol roll) 20 ead'1 CE.D bladder punp wC.£0 ~~ box 160 day C0111binatior ock 0' lllidlodo n each Restsl!vity fief:! meter & piM 50 day Compressed at tarlt 1111<1 rogwam-5() tlay Slip: ihre.1Cled Call 2 mch or '·nch .;ha1'1e4er. l!) cilcl-' Collcn!te conng madlne (S6-indl-dia) 150 day PVC~40 Coosun~ab!M {gbves rope sotp tape. etc 1 35 """ Slooe nclncmeter 200 day CcJe sample t:oxes 11 eacll So<' sampltng T .n..-.(Encore) '0 day Crack moolll:t 25 eact, So• sampltng trpoj 35 day Curolf Sii'Mi, ,;;pruca~n~ eiec:lf!c ;Saws 1><1) 15 ,:)oily Slaflle$$ S1lle! baftl1 40 day Disposable ~ 12 ea<:l> Submersible pul!p. 1 J gpm ~lflh powered 160 day [)lspos.at;e 1:4addel~ 1C ea:h Grunfc6 2 -nc~ ~W~ftl contn:def Ots:sotwoed o•lven meter 45 jay SI.C!met11ible Pl6l1p.'lransfor Pl8'1P 10-25 !Jim 50 day DOT ~ (l)11tamrnent drum Mtl'l he 6~ e3Ch S~~Wy.'fmce stales s eact Oooole-mg rfilroll'Eter '25 \fay Tedarthags H~ eac:t ~Ill-Stage nterace pttlbe 80 dar Traffic Cllne!> 1~6llNit'IClides (smglc ·anc: 50 day GEM 2000 l:);:l dar T urbilily 'T!Cior 7C• day Generator. portllble gasoine lueiee 3 500 wans 5(1 da; TY>'9k'8 SU! IBirl'l,l 1B eac:t Global PoS!b:!nn·YJ SySlem iGPS) f!(l da; 1/ap::t" sampl~ oo. 4!) day hand auger set 5'J dirf 1/el'toe Vl.ilge nduded t<JPE salety ,.nee .:s•oo ,.«I 40 rol Vel coCk: 3~ day Honba !J-51 willef q~.oalrty f!IE{er 136 d;r, V!Sq~ (20 X 100 feetl 10!: n::ll ln-!iftl le\-lellroll :.oo leecll) 00 d;r( Wale!' lew· i"ldcatllr (electrnm:: well SOIJilder'l 6C day m M.l lrof 9500 IIJW ftcrN ·water sam!llmg 150 dw, <300 feet deeP ·.-el i..Xkable ~menl br.x i:, da"f Wi!!l :le"-'Ce !fuel< JSilqtl 200 day Magnalleic gauge '5 Oa"t liPLE'lE-•:1: 15 day City Attorney Approved Version 2/29/16 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~g~~~-<&.§f'~ State of California ,7"\ } County of L/TCifl.(je., l/ )j /2Di&l before me, I hate I ·'bDrzd-1 c. t=J~~c. ~~~~~~~~H~e-re71n~se~rt~N~am~e~a-nd~T~it~l ~~~~~~--~~~~' On personally appeared~~-·~~~~=-~~~~~~~~·~~~~~~~~~~~~~~~~~~·~~~~~~~~~ Name(s) of SiQ/ier(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sl'li:ltl'li~' executed the same in his/i"lsF:Itl'lsir authorized capacity(ie&), and that by his/hir1tl'liir signature(* on the instrument the person(.eT, or the entity upon behalf of which the personfet 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 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 DocumentDate: _______________________________________ NumberofPages: ________________ ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __________________________ _ 0 Individual 0 Corporate Officer-Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator /// 0 Other:-------------,"""--/- Signer Is Represent" RIGHT THUMBPRINT OFSIG:<ER Top ol thumb here Signer's Name: ____________________________ _ 0 J.ndividual 0 Corporate Officer-Title(s): __________________ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _________ __ Signer Is Representing:-----~ RIGHT THUMBPRINT OF SIGNER Top of thumb here c 07 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~v!t< Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is.Lafe. subscribed to the within instrument and acknowledged to me that he/sl>ls/ti"ley executed the same in his/her/their authorized capacity(ies+, and that by his/Ref;'ti"leir signature~ on the instrument the person~, or the entity upon behalf of which the person~ 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 my t1fnd and official ~eal. Signature ~Q?/Z C, / OPTIONAL---------------------+~- 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 Page~ ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:-------------~ D Individual D Corporate Officer-Title(s): LJ Partner -D Limited [J General D Attorney in Fact D Trustee D Guardian or Conservator [] Other: / / Signer Is Repre~ ____ _ // D Corporate Officer-Title(s): _________ _ D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here c 07 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827