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Wood Environment and Infrastructure Solutions Inc; 2021-04-26; PSA21-1444UTIL
PSA21-1444UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR ASBESTOS CEMENT PIPE LAB TESTING SERVICES WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Wood Environment & Infrastructure Solutions, Inc., a Nevada corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in asbestos cement pipe testing. B. Contractor has the necessary experience in providing professional services and advice related to asbestos cement pipe testing. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A" and attached Exhibit “B”, 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 (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 shall not exceed thirty-five thousand dollars ($35,000). 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 thirty-five thousand dollars ($35,000) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A" and Exhibit “B.” Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB 26th April PSA21-1444UTIL General Counsel Approved Version 6/12/18 2 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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 DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 3 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 the Risk Manager or Executive 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. CMWD, 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 CMWD 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 CMWD). $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 CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 4 the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD 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. CMWD 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 CMWD 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 CMWD. 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 CMWD. 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 CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Stephanie Harrison Name David C. Wilson, P.E. Title Utilities Asset Manager Title Senior Associate Engineer Carlsbad Municipal Water District Address 9177 Sky Park Court Address 5950 El Camino Real San Diego, CA 92123 Carlsbad, CA 92008 Phone 858-278-3600 Phone (760)603-7310 E-mail david.wilson2@woodplc.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 5 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 ☐ No ☒ 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 that the services 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 CMWD 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 Executive Manager. The Executive 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 Executive 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 6 and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD 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, CMWD 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 CMWD 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 CMWD, 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 CMWD 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 CMWD to terminate this Agreement. 23. 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. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, 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. /// DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 7 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. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad Wood Environment & Infrastructure Solutions, Inc., a Nevada corporation By: By: (sign here) Vicki V. Quiram, General Manager as authorized by the Executive Manager Kendall H. Sherrill, Vice President & CFO (print name/title) By: (sign here) Bradley J. Knight, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By: _____________________________ Assistant General Counsel DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB PSA21-1444UTIL General Counsel Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB Environment & Infrastructure, 9177 Sky Park Court, San Diego, CA 92123-4341 USA +1 (858) 278-3600 ● Fax +1 (858) 278-5300 March 8, 2021 Ms. Stephanie Harrison City of Carlsbad 5934 Priestly Drive Carlsbad CA 92008 Subject Proposal for Laboratory Testing of Asbestos Cement Pipe City of Carlsbad Carlsbad, CA Wood Proposal 21SAND5015-10 Dear Ms. Harrison; We are pleased to submit this proposal to perform laboratory testing of Asbestos Cement Pipe (ACP). It is our understanding that you require a quote to perform Asbestos Cement Pipe testing as outlined below. Asbestos Cement Pipe is generally considered non-friable unless tools or methods cause dust or debris to become airborne (friable condition). Due to the hazardous nature of asbestos containing materials should they become friable, the work in our San Diego Laboratory will be performed in the manner directed by our in-house California Certified Asbestos Consultant (CAC). Persons handling the ACP in our laboratory are Certified Asbestos Cement Pipe Workers (Class III asbestos workers). We propose to receive the samples at our San Diego Laboratory and cut the samples to expose a new cross section of the pipe. The samples will be cut with a water cooled diamond tipped concrete saw and then polished. The newly exposed cross section will be allowed to dry for approximately 15 minutes and then a 1% phenolphthalein indicator solution will be applied. The staining will be photo-documented. The area with the maximum internal stain loss will be noted and cut out (this will be the sample area with the maximum thickness of carbonation on the DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB inside of the pipe which will be the area with the thickest un-stained portion starting from the interior of the pipe). This sample will be sent to a laboratory for Energy-Dispersive X-ray Spectroscopy (EDS) analysis. The EDS analysis will be performed at 10 equally spaced locations across the cut pipe surface in a line perpendicular to the inner and outer wall edge tangent. The testing will be performed to evaluate the percent by weight of Al, C, Ca, Fe, Mg, O, and Si. The laboratory performing the EDS analysis will be R.J. Lee Group in Pennsylvania. Adjacent to the area that was cut out for EDS analysis we will perform hardness testing (Durometer D) at 10 locations across the cut pipe sample (similar to the EDS locations). After the testing is complete we will issue a report with the results. The ACP sample will be retained for a minimum of 30 days after testing. The samples can be returned to the municipality, however, a disposal fee is included if returning to the municipality is not desired. Samples will be disposed of as non-friable asbestos waste. Any disposal performed by Wood will be in accordance with the Acceptance Criteria for the Disposal of Non-Friable Asbestos Waste at the City of San Diego Miramar Landfill, published by the City of San Diego. The preferred sample size is 12 inches to 16 inches in length. If the samples are over 16 inches long there is an additional cutting and handling charge. Our estimate for these services is as follows: Standard Laboratory Testing Charges For Samples up to 12 inches in Diameter and 12 inches to 16 inches in length (also circular samples form hot taps) Laboratory cutting and phenolphthalein staining with photo-documentation, cutting of thinnest stained sample, hardness testing,DDDDDDDDDDDDDD$460 EDS testing performed by R.J. LeeDDDDDDD.DDDDDDDDDDDDD.D$650 Report with all results and photographs DDDDDDDDDDDDDDDD.D.DD$230 Standard Testing Total Cost per SampleDDDDD.DDDDDDDDDDDDDD$1,340 Sample Disposal (if requested) Sample Disposal .................................................................................................$140 per sample Sample Pick-up (if requested) Sample pick-up DDDDDDDDDDDDDDDDDDDD $95 per hour and $0.56 per mile. DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB Additional sample preparation fees if applicable: Samples over 12 inches in diameter Samples over 12 inches in diameter up to 20 inches in diameter DDDDDDD $100 Samples over 20 inches in diameter Samples over 20 inches in diameter DDDDDDDDDDDDDDDDDDD. $200 Samples over 16 inches in length Samples over 16 inches in lengthDDD................................$160 per hour ($50 minimum) Samples over 20 inches in length Samples over 20 inches in lengthDDDDDDDDD.DD. $160 per hour ($50 minimum) This fee is to cut the samples to 12 inches and handle the excess material. Our proposal assumes the samples submitted will be under 16 inches in length. Samples under 12 inches in length We can process samples under 12 inches in length, however depending on the condition and actual length of the sample the quality of the prepared and tested sample section may be affected. AUTHORIZATION We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require additional information, please contact Lori Cline at lori.cline@woodplc.com or by phone at (858) 284-6278. Respectfully submitted, WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. David C. Wilson, P.E. C54745 Lori Cline Senior Associate Engineer- Materials Senior Engineer/Project Manager DocuSign Envelope ID: 1E598BD7-A7B8-47A8-9838-55AA34354AEB Holder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020776051513066410307462451722265013074277225725733200727204453645331307744015352274570076727242035772000777777707000707007 7777777707070700073525677115456000723000516037313207033237253172000070233272421730000703333635307310007022337342172110070233363530631110702333625206201107023227352173111077756163351765540777777707000707007Certificate No : 570082870909 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/02/2020 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. PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 5555 San Felipe Suite 1500 Houston TX 77056 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 16535Zurich American Ins CoINSURER A: 22667ACE American Insurance CompanyINSURER B: 26883AIG Specialty Insurance CompanyINSURER C: AA1120187American International Group UK LtdINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: JWGUSA Holdings, Inc.and its Subsidiaries and Affiliates17325 Katy FreewayHouston TX 77084 USA COVERAGES CERTIFICATE NUMBER:570082870909 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $5,000 $5,000,000 $4,000,000 $5,000,000 A 07/01/2020 07/01/2021GLO484608500 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000B07/01/2020 07/01/2021 COMBINED SINGLE LIMIT (Ea accident)ISA H25301900 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-PER STATUTEB07/01/2020 07/01/2021 Work Comp- AOS SCFC67455745B 07/01/2020 07/01/2021 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN Work Comp- WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WLRC67455708 Aggreagate LimitPSDEF200072607/01/2020 07/01/2021 Claims Made- Prof. Liab.$1,000,000Any One Claim Archit&Eng ProfD SIR applies per policy terms & conditions $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. RE: Agreement Name: Asbestos Cement Pipe Lab Testing Services, Agreement Number: PSA19-686UTIL, Project No. 5015190006. The City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of City of Carlsbad in accordance with the policy provisions of the Workers' Compensation policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947Murrieta CA 92564 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Additional Named Insured AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services Southwest, Inc. 570000021966 570082870909 570082870909 Page _ of _ JWGUSA Holdings, Inc. JWGUSA Holdings, Inc.Wood Group USA, Inc. Wood Environment & Infrastructure Solutions, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster Wheeler Energia, S.L.U. Amec Foster Wheeler Industrial Power Company, Inc. Amec Foster Wheeler Kamtech, Inc. Amec Foster Wheeler Martinez, Inc. Amec Foster Wheeler North America Corp Amec Foster Wheeler Power Systems, Inc. Amec Foster Wheeler USA Corporation Amec Foster Wheeler Ventures, Inc. BMA Solutions, Inc. C E C Controls Company, Inc.Cape Software, Inc.Foster Wheeler Intercontinental CorporationIngenious, Inc. Kelchner, Inc.MACTEC Engineering and Consulting, P.C.MASA Ventures, Inc. Mustang International, Inc. Rider Hunt International USA, Inc. RWG (Repair & Overhauls) USA, Inc. Swaggart Brothers, Inc. Wood Design, LLC Wood Group Alaska, LLC Wood Group PSN, Inc. Wood Group UK, Ltd Wood Massachusetts, Inc. Wood Programs, Inc. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD