HomeMy WebLinkAbout2008 CON Geotechnics - Engineering Services Slurry Seal Lanoitan AvenueAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
GEOTECHNICS INCORPORATED
THIS AGREEMENT is entered into this 19TH day of November 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Geotechnics
Incorporated, a geotechnical/soils engineering and materials testing company (the
"CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide engineering
consulting services and materials testing.
WHEREAS, the CITY has determined that the CONSULTANT is a multi -
disciplined and reputable engineering, design, and inspection company 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
FOLLOWS:
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 as set
forth in the attached 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 CONSULTANT shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
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 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Kenneth Fernandez, Civil Engineering Technician, 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.
Matthew Fagan, 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 monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" (the base amount) without prior written authorization from the Project Coordinator. Monthly
invoices will be processed for payment and remitted within 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 any and 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. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A". Work to be started within 5 working
days of Purchase Order date (notice to proceed). Work to be completed within 10 working days
of start date.
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.
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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.
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 subconsultant, 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
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City's Standard Agreement — June 2008 revision
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, 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 due
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..
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City's Standard Agreement — June 2008 revision
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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, action°, proceedings, rgiaconablc
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.
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City's Standard Agreement — June 2008 revision
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
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 entitled 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 shall 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.
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Citys Standard Agreement — June 2008 revision
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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 overnight
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:
To CONSULTANT:
Maryam Babaki, P.E.
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Phone: 619-336-4383
Fax: 619-336-4397
Email: Mbabaki@nationalcityca.gov
Geotechnics, Inc.
c/o Matthew Fagan, G.E.
9245 Activity Road, Suite 103
San Diego, CA 92126
Phone: 858-536-1000
Fax: 858-536-8311
Email: Mfagan@geotechnicsinc.com
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
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Citys Standard Agreement - June 2008 revision
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
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.
n 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 22 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 automatically be 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.
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
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City's Standard Agreement — June 2008 revision
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
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: n ' GG(9
Chris Zapt City Manager
Geotechnics Incorporated
(Corporation - signatures of two corporate officers)
(Partnership—one--signa#*e)
(mole-preprietorshp - one signature)
By:
(Name)
APPROVED AS TO FORM: By:
George H. Eiser, III
City Attorney
KF kf
;1,771onvy C: ,&tc,e-44-/—
(Print)
(Name)
LO v c6 _erQc sss4
(Print)
r ivt,c c paw
(Title)
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City's Standard Agreement — June 2008 revision
EXHIBIT "A"
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Citys Standard Agreement - June 2008 revision
Geotechnics
Ammmill Incorporated
November 19, 2008
National City Engineering Department
1243 National City Boulevard
National City, CA 91950-4301
Attention: Mr. Ken Fernandez
Principals:
Anthony F. Belfast
Michael P. Imbriglio
W. Lee Vanderhurst
Proposal No. 08-267R
Document No. 08-0794
SUBJECT: PROPOSAL FOR ENGINEERING CONSULTING SERVICES
Lanoitan Avenue Slurry Seal, Between 18th and 24th Street
National City California
Mr. Fernandez:
We are pleased to present this proposal to provide engineering consulting services for the latex
modified emulsion -aggregate slurry seal recently placed on Lanoitan Avenue between 18th and
24th Streets in National City, California. This proposal is based on our telephone conversation
with you, as well as our site observations on October 16th, 2008. It is our understanding that the
subject pavement area was slurry sealed between June 18th and 23`1, 2008. We further understand
that local residents have complained that the slurry seal is of poor quality.
SCOPE OF WORK
We propose to review the site conditions, available test data, emulsion -aggregate mix design, and
project specifications so that we can develop a professional opinion as to whether the slurry seal
was constructed in general accordance with the project specifications (including Sections 203-5
and 302-4 of the 1997 Standard Specifications for Public Works Construction). We propose to
visit the site and photographically document the existing slurry seal conditions. The asphalt
content (CTM 382), aggregate gradation (ASTM C136) and wet -track abrasion (ASTM D3910)
test results conducted by Kleinfelder during construction have already been provided for review.
We have assumed that additional information may be provided upon request by National City to
aid in our review, including the project mix design, Kleinfelder's dailies describing the slurry seal
operations, and information regarding the application rate of the slurry seal. We have included our
costs for the preparation of a report summarizing the observed conditions, along with our
conclusions regarding the general quality of the slurry seal.
9245 Activity Rd., Ste. 103 • San Diego, California 92126
Phone (858) 536-1000 • Fax (858) 536-8311
NATIONAL CITY ENGINEERING DEPARTMENT
NOVEMBER 19, 2008
PROPOSAL NO. 08-267R
DOCUMENT NO. 08-0794
PAGE 2
ESTIMATED COSTS
We estimate that we can perform the work within 10 working days of contract authorization. We
propose to proceed on a time and expense basis in general accordance with the attached 2007 Fee
Schedule. Our cost estimate is based on the estimated work schedule shown below. The actual
cost of our services may vary depending upon the services requested. We agree not to exceed the
estimated cost shown below unless additional services are requested which result in the project
extending beyond the estimated hours.
Site Observation (2 hours @ $120/Hour) $240
Review Test Results and Project Specifications (4 hours @ $120/Hour) $480
Analysis, Report Preparation, and Production (10 hours @ $120/Hour) $1,200
TOTAL $1,920
If the Agreement meets with your approval, please indicate your acceptance by providing the
agreed upon City agreement, incorporating the scope of service and schedule of fees contained
herein.
We look forward to being of service as members of your consultant team.
IN WITNESS WHEREOF, the undersigned have executed this agreement.
GEOTECHNICS INCORPORATED
Anthony F. Belfast, P.E.
Principal
Attachment: 2007 Schedule of Fees
Distribution: (2) Addressee, Mr. Ken Fernandez(kfernandez(&,,nationalcityca.gov)
Geotechnics Incorporated
Geotechnics
Incorporated
Principals:
Anthony F. Belfast
Michael P. imbriglio
W. Lee Vanderhurst
2007
SCHEDULE OF FEES
•
TERMS AND CONDITIONS
The listed tests are those most commonly
performed. The cost of other tests will be quoted
as required or as requested, as well as special
quotations involving volume work.
• Field services will be charged from portal to portal
at the hourly rates listed.
•
•
A minimum charge of 2 hours will be applied to any
field inspection service scheduled but then
canceled after 3:00 pm the previous day. A
Minimum charge of 4 hours will be applied for any
field service.
Work in excess of eight hours per day, or on
Saturdays, will be charged at 1.5 times the hourly
rate. Work performed on Sundays or Company
recognized holidays will be charged at 2.0 times the
hourly rate. Company recognized holidays are New
Year's Day, Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after
Thanksgiving Day, and Christmas Day.
• Invoices will be itemized by the categories listed in
this Schedule of Fees.
Regular working hours are from 6:00 AM to 6:00
PM. Services performed at other hours will incur a
20% surcharge. A minimum charge of four hours
will be applied to work at other than regular hours.
Laboratory test prices shown are for laboratory
work only and include a statement of results, but
not comments, recommendations, or conclusions.
Invoices will be submitted upon completion of work
or at monthly intervals. Terms are net upon
presentation of invoice. Invoices become past due
thirty days from invoice date and subject to one and
one-half percent service charge per month to cover
additional processing and carrying costs. Any
attorney's fees or other costs incurred in the
collection of delinquent accounts shall be paid by
the party invoiced.
• Services are performed in accordance with the
local standards of practice for geotechnical
engineering at the time services are rendered. No
warranty or representation is expressed or implied.
•
Outside services and other reimbursable services
will be invoiced at cost plus 10% unless billed
directly to and paid by client.
PROFESSIONAL SERVICES
(per hour)
Principal Engineer/Geologist $170
Senior Engineer/Geologist $130
Project Engineer/Geologist $120
Project Environmental Assessor $120
Staff Engineer/Geologist $105
Staff Environmental Assessor $105
Expert Testimony (minimum 4 hours) $300
Environmental Technician $78
Engineering Technician equipped with Field Vehicle
and Nuclear Density Gauge for Earthwork Testing... *$78
Engineering Technician Supervisor $85
Draftsperson/CADD Technician $70
Word Processor $50
Technical Assistant $50
Accountant $50
Registered Special Inspector *$78
Materials Technician, ACI Registered *$78
*Prevailing wage rates will be increased commensurate with
State requirements at the time of services. Client is
responsible for notifying Geotechnics Incorporated of
Prevailing Wage requirements of project.
EQUIPMENT CHARGES
Refraction Seismograph $50/hr.
Inclinometer Monitor $50/hr.
Hazardous Gas Safety Monitor $15/hr.
Pneumatic Piezometer/Settlement Monitor $50/hr.
Photo Ionization Detector $25/hr.
Concrete Coring Equipment $50/hr.
Anchor/Rebar Pull Tester $251hr.
Mil Thickness Gauge $25/hr.
Skidmore $25/hr.
Torque Wrench $10/hr.
9245 Activity Rd., Ste. 103 • San Diego, California 92126
Phone (858) 536-1000 • Fax (858) 536-8311
LABORATORY TESTING
(unit cost)
SOIL AND ROCK TESTS
CLASSIFICATION AND INDEX TESTS:
Atterberg Limits (ASTM D4318) $125
Moisture Content (ASTM D2216) $18
Percent Passing #200 Sieve (ASTM D1140) $75
pH (CALTRANS 643) $30
Resistivity (CALTRANS 643) $70
Sieve with Hydrometer Analysis (ASTM D422) $150
Sieve Analysis without Hydrometer (ASTM D422) $95
Soluble Sulfate (ASTM D516) $50
Soluble Chloride $50
Specific Gravity (ASTM D854) $75
Unit Weight/Moisture Content, chunk sample $50
Unit Weight/Moisture Content, sampler ring $30
STRENGTH TESTS:
Direct Shear, residual (ASTM D3080) $400
Direct Shear, consolidated (ASTM D3080) $200
In -Situ Stress -Strain Behavior quote
Triaxial Compressive Strength quote
Unconfined Compression (ASTM D2166) $160
VOLUMETRIC CHANGE:
Consolidation Test (ASTM D2435), without time rate$200
Consolidation Test (ASTM D2435), with time rate $300
Double Oedometer $300
Expansion Index (ASTM 04829) $120
Expansion Index (UBC 18-2) $140
Free Swell $175
Response to Wetting (ASTM D4546) $75
Soil Suction (ASTM D5298) $ 90
PERMEABILITY:
Permeability of Granular Soil (ASTM D2434) $250
Permeability, Flexible Wall (ASTM D5084) $300
COMPACTION:
Maximum Density and Optimum Moisture
(ASTM D1557) $160
Maximum Density/Optimum Moisture
with Rock (ASTM D4718) $225
Maximum Density Check Point $45
California Impact Compaction, test only (CAL 216) $125
CONSTRUCTION MATERIALS
AGGREGATE/SUBGRADE:
Abrasion Test (ASTM C131) $180
California Bearing Ratio $350
Clay Lumps/Friable Particles (ASTM C142) $95
Durability Index (ASTM D3744), Aggregate $150
Lime Stabilized Subgrade Mix Design $400
Organic Impurities (ASTM C40) $40
Percent Fractured Aggregate (ASTM D5821) $60
R-Value (CALTRANS 301) $225
Sand Equivalent (ASTM D2419) $85
Sieve Analysis, Aggregate Base (ASTM C136)
Coarse Aggregate $95
Fine Aggregate $95
Specific Gravity and Absorption:
Fine Aggregate (ASTM C128) $90
Coarse Aggregate (ASTM C127) $75
Sulfate Soundness (ASTM C88) per size $145
Cleanness Value (CAL 227) $110
ASPHALT CONCRETE:
Bulk Specific Gravity/Density, core (ASTM D1188) $75
Hveem Unit Weight (CAL 304) $185
Marshall Unit Weight (ASTM D1559) $180
Theoretical Maximum Density (ASTM D2041) $100
Percent Bitumen and Gradation of
Extracted Sample $190
Stabilometer Value (CAL 304) $180
Unit Weight (ASTM D1188) $45
Asphalt Concrete Mix Design $2,000
SAMPLE PREPARATION
Sample preparation such as hand -cutting of samples,
extraction from samplers, processing, and mixing of stabilized
soils will be charged in addition to the individual test at the
Engineering Technician hourly rate $78
Geotechnics Incorporated
LABORATORY TESTING, CONTINUED
(unit cost)
REINFORCED CONCRETE TESTS:
Compressive Strength, 6" X 12",
per cylinder fabricated $20
Compressive Strength,
per core prepared $50
Flexural Strength, 6" X 6" X 18" beam $60.00
Compressive Strength, Shotcrete,
3 cores per panel set $210.00
Compressive Strength, Light Weight Concrete Fill .. $25.00
Drying Skrinkage, 3 specimens, 28-day $210.00
Modulus of Elasticity, Static quote
Tensile Strength, Splitting quote
Unit Weight, Light Weight Concrete Fill $30.00
Petrographic Analysis quote
STRUCTURAL MASONRY
CMU Compressive Strength, per prism
8x16x8, under 400,000 Ibs $100.00
8x16x16, under 400,000 Ibs $140.00
CMU Compressive Strength, single block
larger than 8x8x16 $60.00
Tess than/equal to 8x8x16 $50.00
Brick Compressive Strength $40.00
Absorption Test, Brick
7-day $50.00
24-hour submersion $40.00
5-hour boiling $40.00
Efflorescence, Block with Mortar $40.00
Efflorescence, Block only $40.00
Efflorescence, Brick only $40.00
CMU Compressive Strength, coupons, w/prep $55.00
Mortar Compressive Strength
2"X4", per cylinder fabricated $20.00
Grout Compressive Strength
2"X2"X2", per cube fabricated $20.00
3"X3"X6", per cube fabricated $20.00
In -Place Shear $80.00
Linear Shrinkage $200.00
Modulus of Rupture, Brick $30.00
Moisture As -Received, Brick $25.00
Saturation Coefficient incl. Absorption, Brick $40.00
Shear Test, cores, w/o sample prep $80.00
Compressive Strength, Cores, w/sample prep $50.00
Unit Weight and Absorption, each unit $50.00
DSA CMU Conformance Suite $400.00
STRUCTURAL STEEL
High Strength Bolt, Nut & Washer Conf.
Wedge, Tensile, Hardness, Proof Load 200.00
Rockwell Hardness Test 50.00
Rebar/Tendon, Tensile Test
No. 11 bar and smaller $50.00
No. 14 and larger $75.00
Rebar, Bend Test
No. 11 bar and smaller $50.00
No. 14 bar and Larger $75.00
Mechanically Spliced Rebar quote
Structural Steel, Tensile Test
200k lbs. or less $80.00
Structural Steel, Bend Test $60.00
Structural Steel, Pipe Flattening Test $40.00
Welded Specimens, Tensile Test
No. 11 bar and smaller $60.00
No. 14 $70.00
No. 18 and larger $80.00
FIREPROOFING
Spray -Applied Fireproofing, Density
Oven -Dry Method $40.00
Displacement Method $40.00
ROOFING
Asbestos Evaluation (per ply) $50.00
Asphalt Softening Point quote
Roofing Material Analysis
with Surfacing quote
without Surfacing quote
Roofing Tile, Absorption (set of 5) $200.00
Roofing Tile, Strength, (set of 5) $200.00
WELDING
Welder Qualification Testing (AWS D1.1)
Limited Thickness Plate, per position $200.00
Unlimited Thickness, per position $230.00
Pipe, per position $200.00
Welder Qualification Testing (AWS D1.4)
Bar Sizes #3 through #9, each $200.00
Bar Sizes #10 through #11, each $250.00
Bar Sizes #14 through #18, each $280.00
Welder Qualification Testing
Plate/Pipe Procedure Qualification quote
Plate/Pipe Welder Qualification quote
Welder Qualification Testing (AWS D1.3)
Light Gauge Metal, incl. butt/plug $200.00
Procedure Qualif, AWS,ASME„Military quote
Fillet Weld, Break & Etch Test $200.00
Fillet Weld, Test Plates $40.00
Ultrasonic Test, Weld Coupons $90.00
Geotechnics Incorporated
ACORD,„ CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYY)
11/11/08
PRODUCER 0A99520
Cavignac & Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
Jeffrey W. Cavignac
INSURED
Geotechnics Incorporated
9245 Activity Road #103
san Diego. CA 02126
COVERAGES
1-619-234-6848
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
IN6URERA:Travoloro Property Caouolty Company of America
INSURER8-The Travelers Indemnity Company of Connecticut
INSURER C: Zurich American Insurance Company
INSURER D.
lINSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO TWl I HSTANDING
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 IM
PO UCY EXPIRATION
DATE IMM/DD/Wl
LIMITS
A
DI_NERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
—I CLAIMS MADE I X OCCUR
Contractual Liab.
613087851676
03/01/08
03/01/09
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any oie fire) $ 1,000,000
MED EXP (Any one person) $ 5, 000
X
X
GEN1
7
PERSONAL B ADV INJURY $ 1,000,000
Separation of Insureds
GENERAL AGGREGATE !$2,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY f Xl PELT LOC
PRODUCTS - COMP/OP AGG I $ 2,000,000
Deductible None
A
AUTOMOBILE
X
,
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA8789L189
03/01/0E
03/01/09
COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
BODILY INJURY
(Per person)
a
BODILY INJURY
(Per accident)
i
PROPERTY DAMAGE
(Per accdent)
$
GARAGE
--]
UABIUTY
ANV AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS
_�
LABILITY
OCCUR r I CLAIMS MADE
DEDUCTIBLE
RETENTION $ •
EACH OCCURRENCE
$
AGGREGATE
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
UB5623Y75707
03/01/08
03/01/09
X we STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY UNIT 1 $ 1,000,000
C
OTHER
Professional Liability -
Claims made, defense
costs included w/in limit
E00540191605
03/01/08
03/01/09
Each Claim s1,000,000
Aggregate s2,000,000
UtSCKIP I IUN Ul- UYEKA I IUNS/LUCA I IUNS/VtI1ICLts/txULUSIUNS AUUtU UY ENUUKStMtN I fSYtCIAL MM./VISIONS
Re: Lanoitan Ave. Slurry Seal, between 18th and 24th St.
The City of National City, its elected officials, officers, agents and employees are named as additional insureds ass
respects general liability par attached form and auto liability per policy form. Waiver of subrogation in favor of
those listed above applies as respects general liability and Workers Compensation per attached forms.
REPLACES & SUPERSEDES certificate 410275785 dated 11/07/08.
Y I ADDITIONAL INSURED INSURER LETTER: A
CANCELLATION 10 days NOC for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
City of National City
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1243 National City Blvd.
REPRESENTATIVES.
National City, CA 91950
USA
AUTHORIZEDREPRESENTATIVE
' i/i1
ACORD 25-S (7/97) valerie
10321105
Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600
O
POLICY NUMBER: 6e0e785L676
NAMED INSURED:
Geotechnics Incorporated
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 11/11/oe
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. WHO IS AN INSURED (Section II) is
amended to include any person or
organization that you agree in a "contract
or agreement requiring insurance" to
include as 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 the injury or damage arises out of
the performance, by you or your
subcontractor, of "your work" to which
the "contract or agreement requiring
insurance" applies. Such person or
organization does not qualify as an
additional insured with respect to their
independent acts or for "bodily injury",
"property damage" or "personal injury"
for which that person or organization
has assumed liability in a contract or
agreement.
2. The insurance provided to the additional
insured by this endorsement is limited as
follows:
a. This insurance does not apply on any
basis to any person or organization for
which coverage as an additional
insured specifically is added by another
endorsement to this Coverage Part.
CG D3 81 09 06
b. This insurance does not apply to the
rendering of or failure to render any
"professional services".
c. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed to provide in that
"contract or agreement requiring
insurance", or the limits shown in the
Declarations for this Coverage Part,
whichever are Tess. This endorsement
does not increase the limits of
insurance stated in the LIMITS OF
INSURANCE (Section III) for this
Coverage Part.
3. The following is added to Paragraph a. of
4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring
insurance" that the insurance provided
to an 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 that is
available to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Page 1 of 2
Copyright, Insurance Services Office, Inc., 2001
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance". But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that
is available to the insured when the
insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
We waive any rights of recovery we may
have against any person or organization
because of payments we make for "bodily
injury", "property damage" or "personal
injury" arising out of "your work"
performed by you, or on your behalf,
under a "contract or agreement requiring
insurance" with that person or
organization. We waive these rights only
where you have agreed to do so as part
of the "contract or agreement requiring
insurance" with such person or
organization entered into by you before,
and in effect when, the "bodily injury" or
"property damage" occurs, or the
"personal injury" offense is committed.
5. As respects the insurance provided to the
additional insured by this endorsement,
the following definition is added to
DEFINITIONS (Section V):
"contract or agreement requiring
insurance" means that part of any
CGD3810906
contract or agreement under which you
are required to include a 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 you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
All other terms of your policy remain the
same.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2
Copyright, Insurance Services Office, Inc., 1988
W. TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) — 001
POLICY NUMBER: UB5623Y75707
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover ow- 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.
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ALL PERSONS OR ORGANIZATIONS
THAT ARE PARTIES TO A CONTRACT
THAT REQUIRES YOU TO OBTAIN
!HIS ACiR! MEN 1, YRO V 1 DED YOU
EXECUTED THE CONTRACT BEFORE
THE LOSS
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
A. PERSONAL EFFECTS COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions IS
amended by adding the following:
Personal Effects Coverage
We will pay up to $400 for "loss" to wearing ap-
parel and other personal effects which are:
(1) owned by an "insured"; and
(2) in or on your covered "auto";
in the event of a total theft "loss" of your covered
"auto".
No deductibles apply to Personal Effects Cover-
age.
B. AUTO LOAN LEASE GAP COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total "loss" to a covered "auto" of
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov-
erage is provided, we will pay any unpaid amount
due on the lease or loan for such covered "auto"
Tess the following:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto";
and
(2) Any:
(a) Overdue lease/loan payments at the time
of the "loss";
(b) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(c) Security deposits not retumed by the les-
sor;
CAT4200706
C.
D.
E.
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry-over balances from previous loans
or leases.
COVERAGE EXTENSION — AUDIO, VISUAL
AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
OF SOUND
SECTION III — PHYSICAL DAMAGE COVER-
AGE, B. Exclusions, exception paragraph a. to
exclusions 4.c & 4.d is deleted and replaced with
the following:
a. Equipment and accessories used with such
equipment, except tapes, records or discs,
provided such equipment is permanently in-
stalled in the covered "auto" at the time of the
"loss" or is removable from a housing unit
which is permanently installed in the covered
"auto" at the time of the "loss", and such
equipment is designed to be solely operated
by use of the power from the "auto's" electri-
cal system, in or upon the covered "auto"; or
WAIVER OF DEDUCTIBLE — GLASS
SECTION III — PHYSICAL DAMAGE COVER-
AGE, D. Deductible is amended by adding the
following:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
HIRED AUTO PHYSICAL DAMAGE COVER-
AGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Hired Auto Physical Damage Coverage Exten-
sion
If hired "autos" are covered "autos" for Liability
Coverage and this policy also provides Physical
Damage Coverage fur an owned "auto", then the
Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2
Includes the copyrighted material of The St. Paul Travelers Companies, Inc.
o=
o=
a=
010062
COMMERCIAL AUTO
Physical Damage Coverage is extended to
"autos" that you hire, rent or borrow subject to the
following:
(1) The most we will pay for "loss" in any one
"accident" to a hired, rented or borrowed
"auto" is the lesser of:
(a) $50,000;
(b) The actual cash value of the dam-
aged or stolen property as of the time
of the "loss"; or
(c) The cost of repairing or replacing the
damaged or stolen property with
other property of like kind and quality.
(2) An adjustment for depreciation and
physical condition will be made in deter-
mining actual cash value in the event of a
total "loss".
If a repair or replacement results in better
than like kind or quality, we will not pay
for the amount of betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any
owned covered "auto".
This Coverage Extension does not apply
tO:
(a) Any "auto" that is hired, rented or bor-
rowed with a driver, or
(b) Any "auto" that is hired, rented or bor-
rowed from your "employee".
F. BLANKET WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO CONDITIONS,
A. Loss Conditions, 5. Transfer Of Rights Of
Recovery Against Others To Us is deleted and
replaced by the following:
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 the ex-
(3)
(5)
Page 2 of 2
tent required of you by a written contract exe-
cuted prior to any "accident" or "loss", pro-
vided that the "accident" or "loss" arises out of
the operations contemplated by such con-
tract. The waiver applies only to the person or
organization designated in such contract.
G. BLANKET ADDITIONAL INSURED
SECTION II — LIABILITY COVERAGE, part A. 1.
Who Is An Insured, paragraph c. is amended by
adding the following:
Any person or organization that you are required
to include as an additional insured on this Cover-
age Form in a written contract or agreement that
is signed and executed by you before the "bodily
injury" or "property damage" occurs and that is in
effect during the policy period is an "insured" for
Liability Coverage, but only for damages to which
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
H. EMPLOYEE HIRED AUTOS
SECTION II — LIABILITY COVERAGE, A. Cov-
erage, 1. Who Is An Insured is amended by add-
ing the following:
An "employee" of yours is an "insured" while op-
erating an "auto" hired or rented under a contract
or agreement in that "employee's" name, with
your permission, while performing duties related
to the conduct of your business.
I. COVERAGE EXTENSION — TRAILERS
SECTION I — COVERED AUTOS, C. Certain
Trailers, Mobile Equipment and Temporary
Substitute Autos, paragraph 1. is deleted and
replaced by the following:
1. "Trailers" with a load capacity of 3,000
pounds or Tess designed primarily for travel
on public roads.
Includes the copyrighted material of Insurance Services Office, Inc with its permission CA T4 20 07 06
Includes the copyrighted material of The St. Paul Travelers Companies, Inc.
ACORP., CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYY)
11/11/08
PRODUCER 0A99520
Cavignac & Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
Jeffrey W. Cavignac
INSURED
Geotechnics Incorporated
9245 Activity Road #103
San Diago, CA 02126
1-619-234-6848
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
INSUnLR A: Travc lcro Property Caoualty Company of America----
TSURERB:The Travelers Indemnity Company of Connecticut
INSURERC:Zurich American Insurance Company
INSURER D:
INSURER E:
COVERAGES
THE POLICIES
ANY REQUIREMENT,
MAY PERTAIN,
POLICIES
INSR
LTLIMITS
LTR
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
TERM OR CONDITION OF ANY CONTRACT OR OTHER
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO
NAMED ABOVE
DOCUMENT WITH
IS SUBJECT
CLAIMS.
PODGY EFFECTIVE
DATE fMMfDD/YYI
FOR THE POLICY
RESPECT TO WHICH
TO ALL THE TERMS,
PERIOD INDICATED NOTWITHSTANDING
THIS CERTIFICATE MAY BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF SUCH
TYPE OF INSURANCE
POLICY NUMBER
POUCYEXPATION
DATE ATEfMIRMIDDlYY]
A
OENERALLIABIUTY
I X
COMMERCIAL GENERAL LIABILITY
6808785L676
1 03/01/08
I
03/01/00
EACH OCCURRENCE .$1,000,000
FIRE DAMAGE (Any one fire) $ 1,000,000
X
X
GEN'
(POLICY
I CLAIMS MADE : X OCCUR
Contractual Liab.
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
!Separation of Insureds
GENERALAGGRCGATE $2,000,000
AGGREGATE LIMIT APPLIES PER:
X PROCI LOC
�JF
PRODUCTS - COMP/OP AGG $ 2 , 00 0 , 00 0
Deductible . None
A
A__UTOMOBILEUABILITY
X
`�
, •
I ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA8789L189
03/01/08
03/01/09
COMBINEDSINGLE LIMIT $ 1, 000, 000
(Ea accde0)
—.. . .—.. ._.. _
BODILY INJURY S
(Per person)
,
BODILY INJURY $
(Per acddent)
PROPERTY OA.MAUE $
(Per accidoet)
1 GARAGE UABILITY
r. I ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHEREA ACC $
Ti
AUTO LYN AGG,$
EXCESS LIABILITY
- OCCUR I CLAIMS MADE
� DEDUCTIBLE
I RETENTION $
EACH OCCURRENCE 1 $
AGGREGATE S
---
5
, S
B
C
WORKERS
EMPLOYERS'
OTHER
Professional
Claims
costs
COMPENSATION AND
LIABILITY
UB5623Y75707
03/01/08
03/01/09
X WC STATU- OTH-•
• TORY LIMITS I
_�
E L. EACH ACCIDENT . $ 1, 000, 000
E.L. DISEASE - EAEMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT . $ 1,000,000
Liability - E00540191605
made, defense
included w/in limit
�—
03/01/08
03/01/09
Each Claim $1,000,000
Aggregate $2,000,000
$
UtW:KIP I IUN UY UPCHAI IUNS/LUCA I IUNOIVCKI :LtJIEAULUSIUNS AUUtU r3Y CNUUKSCMCN I /SYtL.IAL PKUVIOIUNS
Re: Lanoitan Ave. Slurry Seal, between 18th and 24th St.
The City of National City, its elected officials, officers, agents and employees are named as additional insureds ass
respects general liability per attached form and auto liability per policy form. Waiver of subrogation in favor of
those listed above applies as respects general liability and Workers Compensation per attached forms.
REPLACES & SUPERSEDES certificate #10275785 dated 11/07/08.
CERTIFICATE HOLDER
City of National City
1243 National City Blvd.
National City, CA 91950
Y ADDITIONAL INSURED; INSURER LETTER: A
USA
CANCELLATION 10 days NOC for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) valerie
10321105
Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.B600
O ACORD CORPORATION 1988
POLICY NUMBER: 6808785L676
NAMED INSURED:
Geotechnics Incorporated
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: llilli08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. WHO IS AN INSURED (Section II) is
amended to include any person or
organization that you agree in a "contract
or agreement requiring insurance" to
include as 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 the injury or damage arises out of
the performance, by you or your
subcontractor, of "your work" to which
the "contract or agreement requiring
insurance" applies. Such person or
organization does not qualify as an
additional insured with respect to their
independent acts or for "bodily injury",
"property damage" or "personal injury"
for which that person or organization
has assumed liability in a contract or
agreement.
2. The insurance provided to the additional
insured by this endorsement is limited as
follows:
a. This insurance does not apply on any
basis to any person or organization for
which coverage as an additional
insured specifically is added by another
endorsement to this Coverage Part.
CGD3810906
b. This insurance does not apply to the
rendering of or failure to render any
"professional services".
c. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed to provide in that
"contract or agreement requiring
insurance", or the limits shown in the
Declarations for this Coverage Part,
whichever are less. This endorsement
does not increase the limits of
insurance stated in the LIMITS OF
INSURANCE (Section III) for this
Coverage Part.
3. The following is added to Paragraph a. of
4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring
insurance" that the insurance provided
to an 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 that is
available to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
Includes copyrighted material of Insurance Services Office. Inc . with its permission. Page 1 of 2
Copyright, Insurance Services Office, Inc., 2001
(1) The "hodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The ''personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance". But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that
is available to the insured when the
insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV).
We waive any rights of recovery we may
have against any person or organization
because of payments we make for "bodily
injury", "property damage" or "personal
injury" arising out of "your work"
performed by you, or on your behalf,
under a "contract or agreement requiring
insurance" with that person or
organization. We waive these rights only
where you have agreed to do so as part
of the "contract or agreement requiring
insurance" with such person or
organization entered into by you before,
and in effect when, the "bodily injury" or
"property damage" occurs, or the
"personal injury" offense is committed.
5. As respects the insurance provided to the
additional insured by this endorsement,
the following definition is added to
DEFINITIONS (Section V):
"contract or agreement requiring
insurance" means that part of any
CG D3 81 0906
contract or agreement under which you
are required to include a 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 you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
All other terms of your policy remain the
same.
Includes copyrighted material of Insurance Services Office, Inc.. with its permission Page 2 of 2
Copyright, Insurance Services Office, Inc., 1988
TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) - 001
POLICY NUMBER: UB5623Y75707
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ALL PERSONS OR ORGANIZATIONS
THAT ARE PARTIES TO A CONTRACT
THAT REQUIRES YOU TO OBTAIN
I'H1S A(iRE MLN 1 PROVIDED YOU
EXECUTED THE CONTRACT BEFORE
THE LOSS
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the follnwing
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
A. PERSONAL EFFECTS COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Personal Effects Coverage
We will pay up to $400 for "loss" to wearing ap-
parel and other personal effects which are:
(1) owned by an "insured"; and
(2) in or on your covered "auto";
in the event of a total theft "loss" of your covered
"auto".
No deductibles apply to Personal Effects Cover-
age.
B. AUTO LOAN LEASE GAP COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total "loss" to a covered "auto" of
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov-
erage is provided, we will pay any unpaid amount
due on the lease or loan for such covered "auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto":
and
(2) Any:
(a) Overdue lease/loan payments at the time
of the "loss";
(b) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(c) Security deposits not retumed by the les-
sor;
CAT4200706
C.
D.
E.
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry-over balances from previous loans
or leases.
COVERAGE EXTENSION — AUDIO, VISUAL
AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
OF SOUND
SECTION III — PHYSICAL DAMAGE COVER-
AGE, B. Exclusions, exception paragraph a. to
exclusions 4.c & 4.d is deleted and replaced with
the following:
a. Equipment and accessories used with such
equipment, except tapes, records or discs,
provided such equipment is permanently in-
stalled in the covered "auto" at the time of the
"loss" or is removable from a housing unit
which is permanently installed in the covered
"auto" at the time of the "loss", and such
equipment is designed to be solely operated
by use of the power from the "auto's" electri-
cal system, in or upon the covered "auto"; or
WAIVER OF DEDUCTIBLE — GLASS
SECTION III — PHYSICAL DAMAGE COVER-
AGE, D. Deductible is amended by adding the
following:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
HIRED AUTO PHYSICAL DAMAGE COVER-
AGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Hired Auto Physical Damage Coverage Exten-
sion
If hired "autos" are covered "autos" for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned "auto", then the
Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2
Includes the copyrighted material of The St. Paul Travelers Companies. Inc.
010062
COMMERCIAL AUTO
Physical Damage Coverage is extended to
"autos" that you hire, rent or borrow subject to the
following:
(1)
The most we will pay for "loss" in any one
"accident" to a hired, rented or borrowed
"auto" is the lesser of:
(a) $50,000;
(b) The actual cash value of the dam-
aged or stolen property as of the time
of the "loss"; or
(c) The cost of repairing or replacing the
damaged or stolen property with
other property of like kind and quality.
(2) An adjustment for depreciation and
physical condition will be made in deter-
mining actual cash value in the event of a
total "loss".
If a repair or replacement results in better
than like kind or quality, we will not pay
for the amount of betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any
owned covered "auto".
(3)
(5)
This Coverage Extension does not apply
tO:
(a) Any "auto" that is hired, rented or bor-
rowed with a driver; or
(b) Any "auto" that is hired, rented or bor-
rowed from your "employee".
F. BLANKET WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO CONDITIONS,
A. Loss Conditions, 5. Transfer Of Rights Of
Recovery Against Others To Us is deleted and
replaced by the following:
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 the ex -
Page 2 of 2
tent required of you by a written contract exe-
cuted prior to any "accident" or "loss", pro-
vided that the "accident" or "loss" arises out of
the operations contemplated by such con-
tract. The waiver applies only to the person or
organization designated in such contract.
G. BLANKET ADDITIONAL INSURED
SECTION II — LIABILITY COVERAGE, part A. 1.
Who Is An Insured, paragraph c, is amended by
adding the following:
Any person or organization that you are required
to include as an additional insured on this Cover-
age Form in a written contract or agreement that
is signed and executed by you before the "bodily
injury" or "property damage" occurs and that is in
effect during the policy period is an "insured" for
Liability Coverage, but only for damages to which
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
H. EMPLOYEE HIRED AUTOS
SECTION II — LIABILITY COVERAGE, A. Cov-
erage, 1. Who Is An Insured is amended by add-
ing the following:
An "employee" of yours is an "insured" while op-
erating an "auto" hired or rented under a contract
or agreement in that "employee's" name, with
your permission, while performing duties related
to the conduct of your business.
I. COVERAGE EXTENSION —TRAILERS
SECTION I — COVERED AUTOS, C. Certain
Trailers, Mobile Equipment and Temporary
Substitute Autos, paragraph 1. is deleted and
replaced by the following:
1. "Trailers" with a Toad capacity of 3,000
pounds or Tess designed primarily for travel
on public roads.
Includes the copyrighted material of Insurance Services Office. Inc with its permission CA T4 20 07 06
Includes the copyrighted material of The St. Paul Travelers Companies, Inc.
CA_LIFoRNIA -
NATIONAL.CI
INCORPORATED
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax
GEOTECHNICS, INCORPORATED
Lanoitan Avenue Slurry Seal
Between 18th and 24th Street
Judy in Engineering Forwarded
Copy of Agreement to Contractor