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2009 Agreement with Ninyo & Moore
FOLLOWS: AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE THIS AGREEMENT is entered into this 20th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Ninyo & Moore, (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jeffrey Kent, P.E., G.E., thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, _ to -exceed $150,000.00. Monthly invoices will be processed for payment and remitted with nt thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide anyand all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on. October 6, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT' s written work product for the CITY' s purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any Liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 City's Standard Agreement — June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical; unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTS and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, 3 City's Standard Agreement — June 2008 revision been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use clue diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CiTY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. in its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 Cily's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS; The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CiTY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CiTY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance Limits must apply solely to this Agreement. t. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is 5 City's Standard Agreement — June 2008 revision approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of. this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be ertitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shalt perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. 6 City's Standard Agreement — June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 To CONSULTANT: Ninyo & Moore Attn: Jeffrey Kent, P.E., G.E. 5710 Ruffin Road San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at City's Standard Agreement — June 2008 revision all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ if checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CiTY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. if any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automaticallybe extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation 8 City's Standard Agreement — June 2008 revision and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: on Nrorrison, Mayor APPROVED AS TO FORM: /9.).' George H. iser, III City Attorney NINYO & MOORE (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: 9 (Name) ( rint) ?Y1rJ Gyr/ )7 ),7eer' (Title) inr-rcf-Try /q - (.7rzi9r/ (Print) (Title) City's Standard Agreement — June 2008 revision EXHIBIT "A" The City will request various geotechnical materials testing services for the duration of this agreement. For each request, Consultant shall submit a cost proposal for the particular project/service consistent with hourly rates provided in Consultants response to the City's initial Request for Proposal for On -Cali Engineering Services. • Projects may vary in scopeand magnitude. The City is not obligated to contract all the soil and material engineering and testing services to the retained consultant. • A minimum of twenty-four (24) hour notice will be given, by the City, at the time of a request for service. This notice will cover all the necessary office work required to be performed prior to field work_ Firms should be capable of providing requested services within twenty-four (24) hours after receipt of request. City may cancel a request for service at least two hours prior to the selected time without being subject to any changes. • Soils and materials testing work will be accomplished according to the Project Drawing and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, and all other codes and practices applicable to material testing governing a particular project_ • All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Compaction tests results should be available in the field at the time of testing on projects where previous sampling for maximum densities curves has been obtained. In any case, compaction test results shall be available no later than the next working day. Formal reports should be prepared and submitted as soon as the segment of the work is completed or when requested by the City. • Hours shall be determined by the City Engineer. The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one availability of a technician not more than one hour later than the desired time. When necessary and where possible, the City will coordinate work to allow the use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on the same basis. The City will not be liable for any tests where cancellation occurs at least two hours prior to the scheduled time. • The testing services shall be provided efficiently and in timely fashion. All material testing services will be performed on the basis of a standard schedule of fees which shall be valid for the life of the contract. _' '11" `' a_1San J, California 4 123 non;_ ) 576- 1000 • Fax 188581 5 ...0 San L_ll • lr'. " t?an(rc: C!;r-linq-. • Los:; Angeles :Veoase Di• Ic, = El0 ,;; City of National City As -Needed Material Testing Services Proposal No. P-8552 August 25, 2009 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Atterberg turrets, D 4318, CT 204..._._..................----.._..........--.--...---....---.-S CafifcmiaBearing Ratio (CBR), D 1883 .......... ............ ._........ ......... -...__$ Chloride and Sulfate Content, CT 417 8 CT 422 $ Consolidation, D 2435, CT 219_.__......_..._._.............._..._._..._._:_......----....__-$ Cmscidation-Time Rate_ D 2435, CT 219.__._..-----------.._-.._ _._..__$ Direct Shear - Remolded. D 3080._.................._-._.__........_-_._....__.._.._..._..-- $ Direct Shear - Undisturbed, D 3080 $ DuratxTrty Index: CT 229......_.... ....... _...... .......__._.......... ...... - .... _....--$ Expansion Index, D 4829, UBC 18-2 $ Expansion Potential (Method A). D 4546......_....... ...... _________ ...__.........-- $ Expansive Pressure (Method C), D 4546.......... _...... _..._....... .._...... __________ $ Gedabric Tensile and Elongation Test. D 4632......................... ____________ $ Hydraulic Conductivity, D 5084...................... ___________ ......... ........... ._....... $ Hydncrneter Analysis, D 422, Cr 203......... __._........ _... _______ . _______ $ Moisture, Ash, 8 organic Matta or Peat/Organic Sots ..... ............ .__......_....... $ Moisture Only, D 2216. CT 226_.._......._........ Moisture and Dcruity. D 2937 $ Permeability, CH, D 2434, CT 220 $ pH and Resistivity, CT 643. ..............___........._....... ......... ___.._.._ Proctor Density D 1557, D 698, CT 216.8 ------.............. -.-........ ...___....... _$ AASHTO T-180 (Rock correcticrns add $80) R-value, D 2844, CT 301.-..._....... _.._....... _...... __........ ___........ _............. _._.$ Sand Equivalent D2419, CT 217......... ._........ __...... ................ _........... _ $ Sieve Analysis, D 422, CT 202 ...... _..... _....... .._.__..... . _..__....__.$ Sieve Analysis, 200 Wash, D 1140, CT 202_.._.__ $ Specific Gravity, D 854..... -.--_.... _...... ._.......... _-............... _. $ Triaxial Shea. CD, D 4767, T 297._.._._ $ Triaxiaf Shear. C.U., wlpore pressure, D 4767. T 2297 per pt $ Triagal Shear, C.U., wfo pore pressure, D 4767, T 2297 pa pt $ Triaxial Shear, U.U, D2850._-..... __....._....... ............._..._..__.._......_.....__. _$ Unconfined Compression, D 2166, T 208 $ Wax Density, D 1188 Roofing Built-up Roofing, cut-out samples, D 2829 ........ $ Roofing Materials Analysis, D 2829 $ Roofing Tile Absorption. (set of 5), UBC 15-5...... ......... ._._._...._. Roofing Tile Strength Test, (set or 5), UBC 15-5 $ Masonry Brick Absorption, 24-hoursubmersion. C 67. ......... .......... ................ _ $ Brick Absorption, 5-hour harper, C 67 $ Brick Absorption, 7-day, C 67 ____ ................ ..__..._....._...... ............ Brick Compression Test, C 67............. ......--......................... ......:..... $ Brick Efflorescence, C 67.---_..._...... _._............... ........ .............. _....... ._.__.$ Brick Modulus of Rupture, C 67 $ Brick Moisture as received, C 67 $ Bridle Saturation Coefficient C 67.:...__....... ..... ....... ..... .............. ._._...... $ Concrete Block Compression Test, 8x8x 16, C 140 $ Concrete Block Conformance Package, C 90_..... __._..... _................. ...._._$ Concrete Block Linear Shrinkage, C 426 $ Concrete Block Unit Weight aid Absorption. C 140 ..... ...._.._ $ Cores. Compression or Shear Bored. CA Code $ Masi Grout, 3x3x6 . ` �' pnsrncoripresspon,UOC21-t8_._:.._........_......._.._$ Mascrvy Mortar, 2x4 cylinder compression, UBC 21-16...... _.... $ Masonry Prism, hail size, compression, UBC 21-17...................._...........__._._$ Concrete 145 Cement Analysis Chemical and Physical: C 109...__................... ........................__..._$ 1,650 440 Compression Tests, 6x12 Cylinder, C 39_._.._..... ___._.......... _...... ..............-_.._..._$ 22 135 Conaele Nix Design Review, Job Spec. ..... ._._____________ 275 Concrete Nix Design, per Trial Batch. 6cylinder, AC1..__-.-._........... ........... ..._........ ._$ 750 70 Concrete Cores, Compression (exdudes sampling), C 42 $ 55 250 Drying atrinkage,C 157--------.-----------....... ._._._........... _.......... ...._.._.__......__...__$ 250 290 Flexural Test, C78.._......... - -----._...__.... _.-._.- ..._..... $ 50 150 Flexunat Test, C 293_....._.___....._._..._.__._.__...___......__..._._._......_...----- $ 55 165 Flexural Test, CT 523 $ 60 145 Gun3e/Shdorete, Panels. 3 art cues per panel and test, ACI..._. _...... ........... _...... $ 250 145 Jobsite Testing Laboratory_ . _.._...------ . - --... _............__ Dude 165 Lightvvaght Concrete Flu 1, Compression, C 495__.__......__...._.._...----- $ 40 300 Petrographic Analysis, C 856 $ 1,100 190 Splitting TensileStrength, C496..___._............ ...... ..... .......... _._..- $ 80 110 30 Reinforcing and Structural Steel 39 Fireproofing Diatsiy:Test UBC 7-6 $ 55 230 Hardness Test, Rockwell, A-370..._._....... ....._..... _......... ._._...... ..... _.._....... ._.... $ 50 140 VighStrength Ball Nut 8 Washer Conformance, set A-32......... .-----___.._._._$ 120 180 Mechanically is Spliced Reinforcing Tensile Test, ACI.. ........ $ 95 Prestress Strand (7 aloe), A 416._._......-----------.----.._..----.__......:.....---......-----_....._.: $ 140 250 Chemical Anaysis,A-36,A-615_..__..._.__.._..._.._.__..._..._.__......_.._._....._.....__--....---.$ 120 90 Reinforcing Tensile orBenduptoNo.11,A6158 A706............ ..__._..___........... ._$ 50 110 Structural Steel Tensile Test Up to 200,000lbs. 90 (machining extra), A 370.___..._.._..... ____._................... .._..__......... _..-----.._._..--$ 70 90 Welded Reinforcing Tensile Test Up to No. 11 bars, ACI ....................... _...._ ........... $ 55 390 330 190 140 100 90 165 500 190 190 Asphalt Concrete Asphalt Mix Design, Callan $ 2,200 Asphalt Mx Design Review, Jcb Spec. $ 150 Extraction, %Asphalt, inducing Gradation. D 2172, CT 310._....... _.._._..._.._._$ 215 Film Shipping, CT 302...... __-----....._. _. ..._$ 190 Hveun Stability and Unit Weight CTM orASTM, CT 366 $ 195 Marshall Stability, Flow and Unit Weight, T-245__._..... ........__._..... ........_...__.___._$ 215 Maximum TheuefiCalUnit WeigtI,D2041........... .....__._.,......_$ 120 Swell, CT 305 $ 165 Unit Weight sample or core, D 2726, CT 308.... $ 90 Aggregates. Absorption, Coarse, C 127....... ._..__.._... _.._.........._.... -----............. 45 Absorption, Fine,C128___......._....._...... ... ........ .... __-_...-------._......___.. $ 35 55 Clay Lumps and Friable Patides, C 142 $ 100 60 Geamess Value, CT 227__.._..___ $ 120 45 Crushed Partides, CT 205..._._________ ..._. .... _$ 140 45 Durability, Coarse, CT 229 $ 130 ao Durability, Fine, CT 229.............._..,....._._..........---.... ...-_.$ 130 35 tcs Angeles Abrasion, C 131 or C 535._...__..._ $ 180 50 tvtutar making properties of fine aggregate. C 87......... _...__..___...... .. _$ 275 60 Organic Impurities, C40-_............._._.._......_..__....._............_.._._......._......_......__...__$ 55 440 Potential Reactivity or Aggregate (Chemical Method), C 289 $ 390 120 Sand Equivalent CT 217.............. .._........... ._._..._................... ..._......._............_._._$ 90 55 Sieve Analysis, Coarse Aggregate, C 136 $ 105 55 eve Analysis, Fine Aggregate (inducing wash), C 136...... ........... ......... ...... .. ... _ $ 105 Sociurn Sulfate Soundness (persize fraction), C tor......._ ........................... 30 $ 160 Specific Gravity. Coarse C127........... ..... .... .......... __._.... _.... ....__....... .... .._._..__$ 75 30 Specific Gravity, Fine, C 128 $ 85 110 - Speed preparation of standard lest specimens win be charged at the technician's hourly rata Ninyo 8 Lloore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 19 /yjin//o &Noore Exr>e*pence t ( ty I Commitment City of National City As -Needed Material Testing Services Proposal No. P-8552 August 25, 2009 Section 7 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 139 Senior Engineer/Geologist/Environmental Scientist $ 133 Senior Project Engineer/Geologist/Environmental Scientist $ 127 $ 123 Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist $ 109 Staff EngineerlGeologisUEnvironmental Scientist $ 96 GIS Analyst $ 96 Held Operations Manager $ 87 Supervisory Technician' $ 87 Nondestructive Examination Technician, UT, MT, LP* $ 87 Pull Test Technician and Equipment' $ 87 Senior Field/Laboratory Technician' $ 77 Field/Laboratory Technician' $ 77 ACI Concrete Technician* $ 77 Concrete/Asphalt Batch Plant Inspector $ 77 Special tnspedor, Reinforced Concrete' $ 77 Special Inspector, Pre -stressed Concrete' - $ 77 Special Inspector, Reinforced Masonry* $ 77 Special Inspector, Structural Steel' $ 77 Special Inspector, Welding, AWS' Special Inspector, Fireproofing' Technical Illustrator/CAD Operator $ 77 $ 77 $ 69 GeotechnicallEnvironmentallLaboratory Assistant $ 53 Information Specialist $ 52 Data Processing, Technical Editing, or Reproduction $ 44 OTHER CHARGES Expert. Witness Testimony $ 400/hr Concrete Coring Equipment (includes one technician) $ 145 /hr Special Preparation of Standard Test Specimens $ 64 /hr Inclinometer Usage $ 32/hr Vapor Emission Kits $ 30/kit Rebar Locator (Pachometer) $ 10/hr Nuclear Density Gauge Usage $ 9/hr Field Vehicle Usage $ 8/hr Direct Project Expenses Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Over- time rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any re - .quested service is 24 hours_ Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours_ Field personnel are charged portal to portal_ 'Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semi- annual basis. Our rues will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo & Moore's Work Authorization and Agreement. 18 A l/Igo&**ore Experience 1 QoaGry i Commitme�E Client#: 704 NINYOMOORI I= ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 10/14/09 PRODUCER Dealey, Renton & Associates ,P. O. Box 12675 'Oakland, CA 94604-2675 510 465-3090 Christine Silan THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 ( COVERAGES INSURERA American Automobile Ins. Co. INSURERB: Fireman's Fund Insurance Co. INSURER C: Lexington Ins. Co. INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDIYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY MZG80911156 10/03/09 10/03/10 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $1 0,000 X Contractual PERSONAL & ADV INJURY $1,000,000 $2,000,000 X RR Cont CG2417 GENERAL AGGREGATE GENT_ AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG $2, 000,000 POLICY X JECOT- I I LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MZG80911156 10/03/09 10/03/10 COMBINED SINGLE LIMIT -(Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY. DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CGX71476790 10/03/09 10/03/10 EACH OCCURRENCE $9,000,000 X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE $9,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80973506 05/01/09 05/01/10 X ORY L M 7S OER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EAEMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional & Contractor's Pollution Liab. 013001489 10/03/09 10/03/10 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City. CERTIFICATE HOLDER AD DfIONAL INSURED; INSURER LETTER: City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIWXMODIK§ia TO MAIL 10 DAYS WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED TO THE LEFT,X*RXXXIMODIXXVOLIAXX motxxiogeogicKnotfilicXDMICMCknencotioxmottotteotnionfooxxxxemoofx )0FRXJGCORei7C AUTHORIZED REPRESENTATIVE _ ACORD 25-S (7/97)1 of 1 #M259476 DAC 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. Insurance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M259476 POLICY NUMBER: MZG80911156 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ADDITIONAL INSURED: City of National City. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment fumished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1• of 1 UNIFORM WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80973506 issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 WC 04 03 06 (Ed. 4-84) Schedule Job Description REF: ALL OPERATIONS OF THE NAMED INSURED. City of National City. Countersigned by Authorized Representative Client#: 704 NINYOMOORI ACORD., CERTIFICATE OF LIABILITY INSURANCE PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Christine Silan DATE (MM/DD/YY) 10/04/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road I San Diego, CA 92123 INSURERA Travelers Property Casualty Co of Am INSURER B: American Automobile Ins. Co. INSURER C: Lexington Ins. Co. INSURER 0: INSURER E: COVERAGES THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A GENERAL LIABILITY 6308986R247 10/03/10 10/03/11 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (My one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 X Contractual PERSONAL & ADV INJURY $1,000,000 OCP X GENERAL AGGREGATE s2,000,000 'E GEN'LAGGREGATELIMRAPPLIESPER: PRODUCTS -COMP/OP AGG $2,000,000 POLICY X JECT X LOC A AUTOMOBILE LIABILITY 8108986R247 10/03/10 10/03/11 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CUP8986R247 10/03/10 10/03/11 EACH OCCURRENCE $9,000,000 X OCCUR CLAIMS MADE AGGREGATE $9,000,000 $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80982095 05/01/10 05/01/11 X WC STATU- TORY L M TSOTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EAEMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional 013001588 10/03/10 10/03/11 $5,000,000 per Claim Contractor's $5,000,000 Anni Aggr. Pollution Liab. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: Brownfield Revolving Loan Program. (See Attached Descriptions) iTIONAL INSURED; INSURER LETTER City of National City Attn: Patricia Beard 1243 National City Blvd. National City, CA 91950-4301 CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WI TOMAIL 3A_DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFTXXXX II( )10000(10(01XXSOCROMMXIMUORMISOLICKMOIXMCDRCIIMMBOCIARIR131000114 XietitreeleCKTOMX AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 2 #M274922 DAC 0 ACORD CORPORATION 1988 RIPTIONS (Continued from Page GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. Insurance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M274922 POLICY NUMBER: 6308986R247 COMMERICAL GENERAL LIABILITY ISSUE DATE: 9/24/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED - WRITTEN CONTRACT (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, its officers, employees, and volunteers. PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured. PROVISIONS 1. The following is added to SECTION II - WHO IS AN INSURED: The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage or "personal injury" and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insured provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the CG D4 16 05 08 limits of liability required by that "written contract requiring insurance" This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the rendering of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily injury' or "property damage" caused by your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to that additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL UABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible "other © 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERICAL GENERAL LIABILITY insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such Toss, and we will not share with that "other insurance". But this insurance provided to the additional insured still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is add to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the additional insured: a. The additional insured must 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: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers 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. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the additional insured is primary to that other insurance available to the additional insured which covers that person or organization as a named insured. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract or agreement with the person or organization shown in the Schedule above, under which you are required to include that person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D4 16 05 08 Page 2 of 2 © 2008 The Travelers Companies, Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forams a part of Policy No. WZ P 8 0 9 8 2 0 9 5 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of National City Attn: Patricia Beard 1243 National City Blvd. National City, CA 91950-4301 Schedule Job Description REF: Brownfield Revolving Loan Program. City of National City, its officers, employees, and volunteers. WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative