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HomeMy WebLinkAboutTwining Inc; 2021-11-30; PSA22-1640CA(Attachment AA) DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA MASTER AGREEMENT FOR GEOTECHNICAL SERVICES TWINING, INC. THIS AGREEMENT is made and entered into as of the ______ day of ________ , 2021, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Twining, Inc., a California corporation hereinafter referred to as "Contractor." RECITALS A.City requires the professional services of a consulting firm that is experienced in the geotechnical field. B.The professional services are required on a non-exclusive, project-by-project basis. C.Contractor has the necessary experience in providing professional services and advice related to geotechnical. D.Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 21-1449CA 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2021,through November 30, 2024. The City Manager may amend the Agreement to extend it for one(1)additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactoryreview of Contractor's performance, City needs, and appropriation of funds by the City Council.The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.PROGRESS AND COMPLETIONThe work for any project granted to Contractor pursuant to this Agreement will begin within ten(10)days after receipt of notification to proceed by City and be completed within the time specifiedin the Task Description for the project (see paragraph 5 below). Extensions of time for a specificTask Description may be granted if requested by Contractor and agreed to in writing by the City City Attorney Approved Version 6/12/18 1 of 17 30th November DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contrqctor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. 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. City Attorney Approved Version 6/12/18 2 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA 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 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 willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The limits for Commercial General Liability can be achieved through a City Attorney Approved Version 6/12/18 3 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA combination of primary and excess or umbrella liability insurance, provided that such coverage will result in the same or greater coverage as the coverage required under this Section. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 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 anytime, 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 City Attorney Approved Version 6/12/18 4 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA 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 The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Eleida Felix Yackel Name Andrew Suarez Title Senior Contract Administrator Title Project Manager Dept Public Works Address 15950 Bernardo Center Drive, CITY OF CARLSBAD Suite J, San Diego, CA 92127 Address 1635 Faraday: Avenue Phone 619-207-9098 Carlsbad, CA 92008 Mobile 619-207-9098 Phone 760-602-2767 Email as, 1arez@twioiogioc cam 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 categories. YeslxJ NoO 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. City Attorney Approved Version 6/12/18 5 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA 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 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 at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 City Attorney Approved Version 6/12/18 6 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA 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. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill 7 of 17 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 3036AD5A-C87E-4 718-BEE7-966648B09EEC PSA22-1640CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of geotechnical tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Geotechnical Investigations B. Hazardous Material Evaluations C. Materials Testing Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4718-BEE7-966648B09EEC PSA22-1640CA Prices valid through Term of Agreement STAFF NAME TITLE HOURLY RATE 1. Paul Soltis Reigstered $ 195.00 Geotechnical Engineer 2. Sharif Mohuiddin Sr. Staff $ 155.00 Engineer 3. Douglas Crayton Sr. Staff $ 155.00 Engineer 4. Liancai He Reigstered $ 195.00 Geotechnical Engineer 5. Andrew Suarez Project $ 170.00 Manager 6. Robert Clevenger Laboratory $ 120.00 Manager 7. Jeff Treat Project $ 170.00 Manager See SOF for more information SUB-CONSULTANTS NAME[FIRM TITLE HOURLY RATE 1. Travis Stravasnik Environmental $ 175.00 Engineer - EnSafe EXPENSES DESCRIPTION COST %MARK UP 1. Mileage $ 0.70 N/A See SOF for more information 10 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4 718-BEE7-966648B09EEC ,, ••'TWINING PSA22-1640CA Schedule of Fees 2021 -2023 NOTE: Rates will be firm for 3 years. Personnel Rates: Per Hour Unless Otherwise Noted Task Task Code Engineering and Consulting Personnel Rate Code Eguiement Usage jDailz: Unless Otherwise Noted! Rate 10026 Senior Principal Advisor/Consultant $ 310.00 95318 Skidmore $ 40.00 10001 Principal Engineer/Geologist $ 210.00 95309 Torque Wrench, Small $ 15.00 10017 Metallurgical Engineer $ 320.00 95312 Torque Wrench, Large $ 25.00 70000 Registered Geotechnical Engineer $ 195.00 95315 Torque Multiplier $ 40.00 10010 Technical Advisor $ 200.00 95321 Air Meter $ 20.00 10011 Material Scientist, Welding/NOT Consultant $ 210.00 95324 Brass Mold $ 20.00 70003 Registered GeologisUCertified Engineering Geologist $ 195.00 95343 Nuclear Gauge (Per Hour) $ 10.00 10003 Senior Engineer/Geologist $ 180.00 95333 Pull Test Equipment $ 60.00 10009 Registered Civil Engineer $ 175.00 95348 Concrete/Asphalt Coring Equipment $ 600.00 60003 Roofing/Waterproofing Consultant $ 200.00 95327 Pachometer $ 55.00 10013 Project Engineer/Manager $ 170.00 95336 Floor Flatness (Dipstick) $ 50.00 30000 Quality Control Manager $ 160.00 95330 Schmidt Hammer $ 30.00 10005 Senior Staff Engineer/Geologist $ 155.00 95341 Vapor Emission Test Kits $ 30.00 10007 Staff Engineer/Geologist $ 150.00 95342 Relative Humidity Probe $ 60.00 10015 Quality Control Administrator $ 140.00 95339 UPV (Ultrasonic Pulse Velocity) Meter $ 350.00 10019 Metallurgical Technician $ 115.00 95351 Fireproofing Adhesion/Cohesion (Per Test) $ 35.00 90001 CADD Operator/Draftsperson $ 102.00 95300 A Scan Ultrasonic Equipment and Consumables $ 75.00 70107 Field Supervisor $ 135.00 95303 Magnetic Particle Equipment and Consumables $ 40.00 91030 Safety Supervisor $ 135.00 95306 Liquid Penetrant Consumables $ 35.00 20000 Laboratory Manager $ 120.00 95307 Phased Array Ultrasonic Equipment (Per Hour) $ 60.00 98000 Laboratory Technician $ 95.00 95347 Ground Penetrating Radar $ 300.00 90005 Expert Witness Testimony $ 550.00 95345 Impact Echo $ 350.00 91010 Qualified SWPPP Developer $ 155.00 95362 Ultrasonic Tomography $ 450.00 91000 Qualified SWPPP Practitioner $ 140.00 95349 Inertial Profiler (Per Hour) Quotation 30001 Vibration Engineer $ 180.00 95357 Project Dedicated Vehicle $ 110.00 NOTE:Hourly rate multiplier for participating in legal procedures is 1.75 times. 95364 Roller Compacted Concrete Vibrating Hammer/Tampling Plate $ 70.00 95367 Half-cell Potential Equipment Set $ 350.00 Task 95368 Concrete Electrical Resistivity Meter $ 160.00 Code Field lnseection Personnel Rate 95369 Field Hardness (Steel) $ 100.00 10101 Concrete/Reinforced Steel Inspector $ 118.00 95370 Coating Thickness Gauge $ 100.00 10103 Prestressed/Post Tensioned Inspector $ 118.00 95373 Wood Curing Box (Per Box) $ 500.00 10105 Concrete ICC Inspector $ 118.00 95371 Temperature Control Curing Box (Per Month) $ 450.00 10109 Drilled-In-Anchor Inspector $ 118.00 95372 Temperature Matching Curing Box (Per Month) $ 520.00 10111 Gunite/Shotcrete Inspector $ 118.00 10113 Masonry Inspector $ 118.00 Task 10201 Structural Steel/Welding Inspector $ 118.00 Code Specimen Pick-Up Ratr 10203 AWS Certified Welding Inspector $ 118.00 20102 Standard Sample: Concrete Cylinders (Each) $ 25.00 10207 Fireproofing Inspector $ 118.00 20101 Standard Sample: Mortar/Grout Cubes and Cores, $ 25.00 10501 Lead Inspector $ 121.00 Fireproofing, Rebar, and Epoxy Prisms (Each) 10115 Firestop Special Inspector - IFC Premier $ 135.00 20103/ Oversize Sample: Masonry Prisms, Shotcrete Panels, $ 60.00 10117 Firestop Special Inspector -IQP $ 180.00 20104 Flexural Beams (Each) 70109 L.A. Deputy Grading Inspector $ 125.00 20107 Technician for Specimen Pick-Up Not Listed Above $ 95.00 75001 Asphalt Field and Plant Inspector/Technician $ 118.00 {Per Hour, 2-Hour Minimum) 70103 Pile Driving Inspector $ 118.00 20109 Technician for Specimen Pick-Up Before 5:00 a.m. $ 120.00 70101 Soils Technician $ 118.00 or After 5:00 p.m. Monday thru Friday, or All Day Saturday 10107 Concrete Quality Control (ACI/Caltrans Technician) $ 118.00 (Per Hour, 2-Hour Minimum Plus Mileage) 10122 Wood Framing Inspector $ 118.00 60001 Roofing/Waterproofing Inspector $ 125.00 Task 10515 Mechanical Inspector $ 150.00 Code Jobsite Trailer, Mobile or On-site Laborato~ Rate 10519 Electrical Inspector $ 150.00 95360 Mobile laboratory for rapid strength concrete $ 500.00 10521 Plumbing Inspector $ 150.00 (per shift not exceeding 12 hours) 10523 Building Inspector $ 150.00 All others by quotation 30002 Vibration Monitoring Technician $ 118.00 50003 Field Engineering Technician $ 123.00 Task NOTE:Hourly rate multiplier for participating in legal procedures is 1.75 times. Code Concrete Tests (Field Made Seecimens) Rate 20201 6" x 12" Cylinder: Compression Strength $ 38.00 Task (ASTM C39) Code Shoe lnseection Personnel Rate 20202 4" x 8" Cylinder: Compression Strength $ 33.00 10301 Structural Steel Fabrication Inspector $ 118.00 (ASTM C39) 10309 Batch Plant Quality Control Technician/Inspector $ 118.00 20203 Density of Structural Lightweight Concrete $ 80.00 10325 Glue-Laminated Fabrication Inspector Quotation Equilibrium or Oven Dry Method (ASTM C567) 10328 Pre-Cast Concrete/Pipe Fabrication Inspector $ 118.00 20205 Core Compression including Trimming {ASTM C42) $ 65.00 20207 6" x 6" x 1 B" Flexural Beams Not Exceeding $ 90.00 Task Referenced Size (ASTM C78, C293 or CTM 523) Code Nondestructive Testing Personnel Rate 20209 Splitting Tensile Strength (ASTM C496) $ 90.00 10401 NDE Ultrasonic Testing Technician $ 123.00 20211 Modulus of Elasticity Test (ASTM C469) $ 260.00 10403 NDE Magnetic Particle Testing Technician $ 123.00 80003 Rapid Chloride Permeability Test: Cylinders or $ 500.00 10405 NDE Dye Penetrant Testing Technician $ 123.00 Cores (ASTM C1202) 10305 Combination NOE Technician/Welding Inspector $ 123.00 80006 Density, Absorption, and Voids in Hardened $ 500.00 10409 Radiographic Testing (crew of 2) $ 325.00 Concrete (ASTM C642) 10020 NOE Engineer $ 190.00 11 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4 718-BEE7-966648B09EEC •• PSA22-1640CA ~--• ••TWIN I NG Task Task Code Soils and Aggregate Tests, Continued Rate Code Asehalt Concrete Tests, Continued Rate 70397 Potential Reactivity of Aggregate Combination, non-standard 950.00 75005 Wet Track Abrasion Test (ASTM D3910) 165.00 method; 14-Day Exposure, Mortar (after ASTM C1567) 75093 Hveem Mix: Design (Excluding Aggregate Quality Tests) 3,400.00 70392 Potential Reactivity of Aggregate Combination, non-standard 1,000.00 75096 Hveem Mix Design, with RAP (Excluding Aggregate 3,800.00 method; 28-Day Exposure, Mortar (after ASTM C1567) Quality Tests, RAP Qualification) 70345 R-Value: Soil (ASTM 2844, CTM 301) $ 440.00 75099 Hveem Mix Design, with Lime (Excluding Aggregate $ 3,800.00 70347 R-Value: Aggregate Base (ASTM D2844, CTM 301) $ 490.00 Quality Tests) 70349 Sand Equivalent (ASTM D2419, CTM 217) $ 125.00 75094 Hveem Mix Design Caltrans Untreated Mix $ 4,650.00 70351 Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 90.00 (Including Aggregate Quality Tests) 70353 Sieve with Hydrometer: 3/4" Gravel to Clay (ASTM D422, $ 250.00 75095 Hveem Mix Design Caltrans Lime Treated Mix $ 4,650.00 D7928, CTM 203) (Including Aggregate Quality Tests) 70355 Sieve with Hydrometer: Sand to Clay (ASTM D422, $ 240.00 75084 Marshall Mix Design (Excluding Aggregate Quality Tests) $ 3,400.00 D7928, CTM 203) 75087 Marshall Mix Design with RAP (Excluding Aggregate $ 3,800.00 70357 Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 150.00 Quality Tests) 70359 Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 120.00 75090 Marshall Mix Design with Lime (Excluding Aggregate $ 3,800.00 70360 Sieve Analysis: Split Sieve (ASTM C136, CTM 202) $ 240.00 Quality Tests) 70361 Sieve Analysis Without Wash: With Cobbles $ 235.00 75083 Open Grade Asphalt Concrete Mix Design $ 1,700.00 (ASTM C136, CTM 202) (ASTM D7064, CTM 368) 70363 Soundness: Sodium or Magnesium Sulfate, $ 450.00 75109 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 4,900.00 5 Cycles (ASTM C88) 75113 Superpave Mix Design, with RAP $ 6,500.00 70365 Specific Gravity and Absorption: Coarse $ 100.00 (Excluding Aggregate Quality Tests) (ASTM C127, CTM 206) 75075 Effect of Moisture on Asphalt Paving Mixtures, Pre-Mixed $ 1,000.00 70367 Specific Gravity and Absorption: Fine $ 165.00 (ASTM D4867, AASHTO T283) (ASTM C128, CTM 207) 75111 Hamburg Wheel Track Test, 20,000 passes, 4 briquettes $ 1,100.00 70369 SwelVSettlement Potential: One Dimensional $ 150.00 (AASHTO T324) (ASTM D4546) 75039 Raveling Test of Cold Mixed Emulsified Asphalt $ 200.00 70371 Triaxial Quotation (ASTM D7196) 70373 Unconfined Compression (ASTM D2166, CTM 221) $ 190.00 75067 Marshall Stability, wet set, 3 replicates (AASHTO T245) $ 350.00 30317 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 125.00 75068 Marshall Stability, dry set, 3 replicates (AASHTO T245) $ 300.00 30319 Voids in Aggregate with Known Specific Gravity $ 125.00 75070 Cold Recycled Asphalt Mix Design: 2 gradings each, $ 10,500.00 (ASTM C29, CTM 212) 3 emulsion content (Caltrans LP-8) 30411 Lightweight Particles: Coarse, with Two Solutions (ASTM C123) $ 410.00 75114 Superpave Mix Design, with Rubber 6,600.00 30412 Lightweight Particles: Fine, with One Solution (ASTM C123) $ 205.00 (Excluding Aggregate Quality Tests) 75115 Superpave Mix Design, with Additives 5,790.00 Task (Excluding Aggregate Quality Tests) Code Asehalt Concrete Tests Rate 75031 HMA Mixing and Preparation $ 125.00 Task 75032 HMA Mixing and Preparation with Aggregate Treatment $ 175.00 Code Brick MasonlJI Tests, ASTM C67 Rate 75033 Bulk Specific Gravity of Compacted Sample or $ 55.00 20301 Modulus of Rupture: Flexural $ 90.00 Core: SSD (ASTM D2726, CTM 308C) 20303 Compression Strength $ 55.00 75036 Bulk Specific Gravity of Compacted Sample or $ 80.00 20305 Absorption: 5 Hour or 24 Hour $ 60.00 Core: Parafin Coated (ASTM D1188 and CTM 308A) 20307 Absorption (Boil): 1, 2 or 5 Hours $ 90.00 75040 Emulsion Residue, Evaporation (ASTM 0244) $ 160.00 20309 Initial Rate of Absorption $ 50.00 75024 Extraction:% Bitumen (ASTM D6307, CTM 382) $ 160.00 20311 Efflorescence $ 70.00 75027 Extraction: % Bitumen and Gradation $ 215.00 20313 Cores: Compression $ 65.00 (ASTM D5444, D6307, CTM 202, 382) 20315 Shear Test on Brick Cores: 2 Faces $ 90.00 75028 Extraction: % Bitumen, Correction Factor $ 350.00 (ASTM D6307, CTM 382) Task 75030 Chemical Extraction: % Bitumen and Sieve Analysis $ 245.00 Code Concrete Block, ASTM C140 Rate (ASTM D2172 Method A or B, ASTM D5444) 20321 Compression. $ 85.00 75042 Lab Tested Maximum Density: Hveem, 3 briquettes $ 215.00 20323 Absorption/Moisture ContenVOven Dry Density $ 85.00 (ASTM D1561, D1188, CTM 304, 308) 20327 Linear Shrinkage (ASTM C426) $ 225.00 75057 Hveem Stabilometer Test, Premixed, 3 briquettes $ 215.00 20335 Web and Face Shell Measurements $ 45.00 (ASTM D1560, D1561, CTM 304,366) 20329 Tension Test $ 155.00 75048 Lab Tested Maximum Density: Marshall, $ 210.00 20331 Core Compression $ 65.00 3 briquettes (ASTM D6926, D2726) 20333 Shear Test of Masonry Cores: 2 Faces $ 90.00 75049 Lab Tested Maximum Density: Marshall $ 215.00 20339 Efflorescence Tests $ 70.00 6" Specimen, 3 briquettes (ASTM D5581, D2726) 75050 Lab Tested Maximum Density: Superpave Gyratory $ 80.00 Task Compacted Briquette, SSD, 1 briquette Code Masonry Prisms, ASTM C1314 Rate (ASTM D6925, D2726) 20341 Compression Test Composite Masonry $ 190.00 75052 Lab Tested Maximum Density: Superpave Gyratory $ 90.00 Prisms Up To 8" x 16" Compacted Briquette, Parafin, 1 briquette 20343 Compression Test Composite Masonry $ 250.00 (ASTM D1188, D6925) Prisms Larger Than 8" x 16" 75051 Maximum Theoretical Specific Gravity {RICE] $ 160.00 20346 Prism Cord Modulus of Elasticity $ 540.00 (ASTM D2041, CTM 309) 20347 Prism Cord Modulus of Elasticity with Transverse $ 665.00 75066 Marshall Stability and Flow, Cored Sample, each $ 80.00 Strain (for double--..vyt:he specimen) (ASTM D6927) 75069 Marshall Stability and Flow, Premixed, 3 briquettes $ 230.00 Task (ASTM D6926, D6927) Code Mortar and Grout Rate 75106 Marshall Stability and Flow, Gyratory Compacted $ 230.00 20351 Compression: 2" x 4" Mortar Cylinders (ASTM C780) $ 55.00 Specimen Pre-Mixed, 3 briquettes 20353 Compression: 3" x 3" x 6" Grout Prisms, $ 40.00 (ASTM D5581, D6925) Includes Trimming (ASTM C1019) 75107 Marshall Stability and Flow 6" Specimen, Premixed, $ 230.00 20355 Compression: 2" Cubes (ASTM C109) $ 55.00 3 briquettes (ASTM 05581) 20357 Compression: Cores (ASTM C42) $ 65.00 75063 Moisture Content (CTM 370) $ 85.00 13 of 17 DocuSign Envelope ID: 3036AD5A-C87E-4 718-BEE7-966648B09EEC ,, ••TWINING Task Code Mason!}'.: Seecimen Preearation 20155 Cutting of Cubes or Prisms $ Task Code Fireeroofing Tests 20401 Oven Dry Density (ASTM E605) $ Task Code Gunite and Shotcrete Tests 20361 Core Compression Including Trimming (ASTM C42) $ 20365 Compression: Cubes (Includes Saw Cutting) $ Task Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Code Lightweight Insulating Concrete, Etc. 20371 Compression Test (ASTM C495 and C472) $ 20373 Air Dry Density (ASTM C472) $ 20379 Oven Dry Density (ASTM C495) $ Task Code Reinforcing Steel, ASTM A615, A706 20501 Tensile Test:# 11 or Smaller $ 20503 Bend Test:# 11 or Smaller $ 20504 Bend Test #14 or #18 $ 20505 Tensile Test:# 14 $ 20507 Tensile Test:# 18 $ Task Reinforcing Steel• Welded or Coupled Code Specimens 20521 Tensile Test: Welded/Coupled #11 and Smaller $ 20523 Tensile Test: Welded/Coupled #14 $ 20525 Tensile Test: Welded/Coupled #18 $ 20529 Weld; Macroetch $ 20531 Slippage Test -Caltrans (CTM 670) $ 20532 Tensile Test: Welded Hoops #11 and Smaller $ Task Code Metal and Steel Testing 20601 Tensile Strength: Up to 100K Pounds (Each) $ 20603 Tensile Strength: Up to 200K Pounds (Each) $ 20605 Tensile Strength: Up to 300K Pounds (Each) $ 20607 Tensile Strength: Up to 400K Pounds (Each) $ 20609 Tensile Strength: 400K to 600K Pounds (Each) $ 20611 Tensile Strength: Stress-Strain Percent Offset $ 20545 Weld: Macroetch $ 20547 Weld: Fracture $ 20615 Bend Test $ 20617 Flattening Test $ 20619 Hardness Test (ASTM E18) $ 20630 Bolt: Axial Tensile Test (Up to 7/8" diameter) $ 20631 Bolt: Wedge Tensile Test (Up to 7/8" diameter) $ 20632 Bolt: Axial Tensile Test (Greater than 7/8" $ up to 1" diameter) 20633 Bolt Wedge Tensile Test (Greater than 7/8" $ up to 1" diameter) 20634 Bolt: Axial Tensile Test (Greater than 1" diameter) 20635 Bolt: Wedge Tensile Test (Greater than 1" diameter) 20636 Bolt: Proof Load Test (Up to 7/8") $ 20637 Bolt: Proof Load Test (Greater than 7/8" up to 1" diameter) $ 20638 Bolt: Proof Load Test (Greater than 1") 20639 Nut: Proof Load Test (Up to 7/8") $ 20640 Nut: Proof Load Test (Greater than 7/8" up to 1'' diameter) $ 20641 Nut: Proof Load Test (Greater than 1") Task Code Chemical Teslin9 of Metal and Steel 80170 Steel Chemical Analysis $ 80173 Weight of Galvanized Coating (ASTM A90) $ 80176 Epoxy Coating Thickness $ Rate 65.00 Rate 70.00 Rate 65.00 85.00 Rate 55.00 40.00 65.00 Rate 60.00 55.00 350.00 240.00 340.00 Rate 70.00 250.00 375.00 75.00 200.00 145.00 Rate 65.00 75.00 90.00 140.00 350.00 175.00 75.00 40.00 55.00 70.00 80.00 50.00 65.00 70.00 90.00 Quotation Quotation 75.00 95.00 Quotation 55.00 75.00 Quotation Rate 160.00 75.00 80.00 PSA22-1640CA Task Machining and Preparation of Tensile and Bend Code Samele: Carbon Steel Rate 20751 Machinist Initial Preparation from Mock-up, Etc. $ 95.00 (Per Hour) 20753 Sawcut to Overall Width (Per 0.5" Thickness or $ 50.00 Fraction Thereof) $ 55.00 20755 Machine to Test Configuration: Milled Specimens $ 70.00 20757 Machine to Test Configuration: Turned Specimens $ 135.00 (Per 0.5" Thickness or Fraction Thereof) 20759 Prepare Subsize Specimens (Per 0.5" Thickness $ 85.00 or Fraction Thereof} Task Code Chare:t tmeact Rate 20621 Charpy Impact Ambient Temperature $ 90.00 20623 Charpy Impact Reduced Temperature $ 110.00 Task Code Machining of Chare:t Sameles: Carbon Steel Rate 20780 Cutting and Milling (Per 0.5'' or Fraction Thereof) $ 80.00 20783 Final Machining to Sample Configuration $ 90.00 Task Prestressing Wires and Tendons, Code (ASTMA416) Rate 20701 Stress-Strain Analysis: Wire or Strands $ 180.00 (Including Chart and Percent Offset) 20703 Tensile Test Only $ 135.00 20705 Tendons Quotation Task Polymer Matrix Composite Materials Code (Fiberwrae) Rate 20706 Tensile Strength -Set of 5 Specimens/batch/ $ 1,350.00 direction (ASTM D3039) 20707 Tensile Strength -Additional Specimens $ 250.00 (ASTM D3039) 20708 Heating Chamber Time -Per 24 hr period $ 95.00 Task Calibration Services and Universal Machine Code Usage Rate 20801 CaHbrationNerification Services Quotation 20803 Universal Test Machine Usage (Per Hour) $ 350.00 Ceramic Tile Testing Division Rate The Ceramic Tlle Institute of America (CTIOA) and Twining worked together to advance and develop technology designed to enhance the quality of materials and workmanship in the ceramic tile industry. A separate schedule of fees for these services is available upon request. Cylic and Fatigue Testing Programs on Special Products/Parts Engineering and Technical supports/Design of Prototypes and Special Test Set-Up Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Shear, Double Shear, 8 Compressions Fiberglass/Composite Materials Field Testing Program (ASTM 01143 D1242, D2584, D4065, D4476, D4923, D7901, D7921, and D732) Field Testing of Structures and Structural Elements ln•Place Shear Testing Materials and/or Product Evaluation Per Specifications Structural Dynamic Testing and Durability Analysis Quotation Quotation Quotation Quotation Quotation Quotation Quotation Quotation 14 af 17 Policy #6301E077052 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insu red under this Coverage Part must apply on a primary basis, or a prima ry and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Policy #6301 E077052 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that: a. You agree in a written contract or agreement to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorse- ment under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and wh ile that part of the contract or agreement is in effect; and b. Only as described in Paragraph (1), (2) or (3) be- low, whichever applies: (1) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured -Owners, Les- sees or Contractors -(Form B) endorse- ment CG 20 10 11 85; or (b) Either or both of the following: the Addi- tional Insured -Owners, Lessees or Con- tractors -Scheduled Person Or Organi- zation endorsement CG 20 10 10 01, or the Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the written contract or agreement applies; (2) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured -Owners, Les- sees or Contractors -Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured -Owners, Lessees or Contrac- tors -Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Addi- tional Insured -Owners, Lessees or Con- tractors -Scheduled Person Or Organi- zation endorsement CG 20 10, or the Ad- ditional Insured -Owners, Lessees or Contractors -Completed Operations en- dorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional in- sured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies; or (3) If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance1 of "your work" to which the written contract or agree- ment applies; and (b) Such person or organization does not qualify as an additional insured with re- spect to the independent acts or omis- sions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agree- ment, the insurance provided to the additional in- sured will be limited to such minimum required limits. For the purposes of determining whether CG D6 04 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required by the written contract or agreement will be con- sidered to include the minimum limits of any Um- brella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury'', "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional archi- tectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury'' or "property damage" caused by "your work'' and included in the "products-completed operations hazard" un- less the written contract or agreement specifi- cally requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the fol- lowing duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit'', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insur- ance which would cover such additional in- sured for a loss we cover. However, this con- dition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organiza- tion as a named insured as described in Par- agraph 4., Other Insurance, of Section IV - Commercial General Liability Conditions. Page 2 of 2 © 2017 The Travelers Indemnity Company. All rights rese~d. CGD6040219 Policy #8104Lll 1617 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1 ., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insu red for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but on ly for' damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or brganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1 ., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while ope rating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, th e following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The fol lowing replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" wi ll make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insu red" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the . "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Lim its Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance avallable to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we wi ll on ly be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill-PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a cove red "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to th e ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" ari ses out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 lnclud_es copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintenti ona l om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect ou r right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 6301 E077052 COMMERCIAL GEN ERAL LIABILITY ISSUED DATE: 6/1 4/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you ag ree in a written contract (If no entry appears above, information req uired to complete this endorsement will be shown in th e Declarations as applicable to this endorsement.) The TRANSFER OF RI GHTS OF RECOVERY AGAINST OTH ERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising ou t of your ongoing operations or "your work" done under a contract with that person or organization and included in the "p roducts- completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Policy #8104Ll 11617 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured" •. 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS; Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, requires this insurance to be primary and non-contributory. CAT4 740216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with Its permission.