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HomeMy WebLinkAboutItem 4.8 - 1300 Fallon Sports Park Phase 2 - Amendment to A Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: February 7, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Fallon Sports Park Phase 2 - Amendment to Agreement for Testing and Inspection Services Prepared by: Meghan Tiernan, Facilities Development Manager EXECUTIVE SUMMARY: The City Council will consider approval of an amendment to the Agreement between the City of Dublin and MatriScope Engineering Laboratories to provide additional materials testing and inspection services for the Fallon Sports Park Phase II project (CIP No. pk0414). STAFF RECOMMENDATION: Adopt the Resolution Approving Amendment #2 to the Agreement between the City of Dublin and MatriScope Engineering Laboratories. FINANCIAL IMPACT: Adopted in Fiscal Year 2014-2015, the Five-Year Capital Improvement Program included Fallon Sports Park Phase II project (CIP No. pk0414). The budget for this project includes an appropriation of $2,405,768 for Contract Services which comprises Landscape Architectural, Geotechnical, Construction Management, Testing and Inspection Services for the project. The amount of the proposed amendment is within the project budget. Original Contract Amount $34,181.00 Previously Approved Amendment #1 $10,809.00 Proposed Amendment #2 (not to exceed) $32,072.00 Amended Contract Amount $77,062.00 DESCRIPTION: On April 5, 2016 the City Council awarded a construction contract for the Fallon Sports Park Phase II project (CIP No. Pk0414). Construction began in May 2016 and is anticipated to be complete in Fall of 2017. On April 6, 2016, the City entered into an agreement with MatriScope Engineering Laboratories to provide special inspection and Page 2 of 2 testing services for the construction project. On December 14, 2016 the City amended the Agreement for a not to exceed amount of $44,900. The project requires additional special inspection and testing services for light pole bases, structural concrete, and rebar and steel inspections associated with concrete walls and footings to adequately complete the construction project. The City now wishes to amend the Agreement for a not to exceed amount of $77,062 which includes $29,156.00 for additional services and a 10% contingency. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff report was sent to MatriScope Engineering Laboratories. ATTACHMENTS: 1. Resolution Approving Amendment #2 to the Agreement between the City of Dublin and MatriScope Engineering Laboratories 2. Exhibit A to Resolution - Amendment #2 to the Agreement 3. Amendment #1 to the Agreement 4. Original Agreement RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES FOR ADDITIONAL SERVICES FOR THE FALLON SPORTS PARK – PHASE 2 PROJECT (CIP NO. PK0414) WHEREAS, on April 6, 2016, the City of Dublin (“City”), State of California, entered into an Agreement with MatriScope Engineering Laboratories (“Consultant”) to perform special inspections and testing services for the Fallon Sports Parks – Phase 2 Project (CIP No. pk0414); and WHEREAS, the City approved an amendment to the Agreement on December 14, 2016, to increase the compensation to a not to exceed amount of $44,900 ; and WHEREAS, City and Consultant now desire to increase the compensation to a not to exceed amount of $77,062.00; and WHEREAS, Consultant will maintain the rate schedule previously adopted on April 6, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with MatriScope Engineering Laboratories, which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Agreement on behalf of the City Council. PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ City Clerk AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES WHEREAS, on April 6, 2016, the City of Dublin (hereinafter referred to as "CITY") and MatriScope Engineering Laboratories, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for materials testing services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT has a limited term, expiring on December 31, 2017; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to amend compensation amend invoicing terms and to amend conflict of interest language. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the following: 2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $77,062.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following: 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall be more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The Consultant’s signature. 4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the following: 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fppc.ca.gov/index.php?id=500. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk MATRISCOPE ENGINEERING LABORATORIES, INC. Dated: By: _____________________________ Robert Tadlock, General Manager AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES WHEREAS, on April 6, 2016, the City of Dublin (hereinafter referred to as "CITY ") and MatriScope Engineering Laboratories, Inc. (hereinafter referred to as "CONSULTANT ") entered into a Consulting Services Agreement for materials testing services (hereinafter referred to as the "AGREEMENT "); and WHEREAS, the existing AGREEMENT has a limited term, expiring on December 31, 2017; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to amend compensation amend invoicing terms and to amend conflict of interest language. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the following: 22 .00 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $44,990.00, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following: 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall be more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A copy of the applicable time entries or time sheets shall be submitted showing the following: • Daily logs of total hours worked by each individual performing work under this Contract • Hours must be logged in increments of tenths of an hour or quarter hours • If this Contract covers multiple projects, all hours must also be logged by project assignment • A brief description of the work, and each reimbursable expense ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ■ The Consultant's signature. 4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the following: 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless 1 of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Deform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin May be required to submit a California Fair Political Practices Commission (FPPC) Form 700; Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www,ppc.ca.govflindex,php?Id =500. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ATTEST: B y: Caroline Soto, City Clerk 97 ChMt6pher L. Foss, City Manager MATRISCOPE ENGINEERING LABORATORIES, INC. Dated:. Dominic Dal Zovi, Corporate Strategy and Operations Manager �`�� DltBlr CITY OF DUBLIN 100 CIVIC PLAZA DUBLIN, CA 94568 -2658 925- 833 -6640 1LIF �l wwev.ci.dublin.ca.us VENDOR: 004253 MATRISCOPE ENGINEERING LABORATORIES, INC. 601 BERCUT DRIVE SACRAMENTO, CA 95811 FOB Point: Terms: Net 30 Days Req Del Date: Contract No: Special Inst: Page 1 / 1 DATE Po NEiMBE(2' 6/1/2016 16 -00211 SHIPTO: CITY OF DUBLIN PUBLIC WORKS /ENGINEERING 100 CIVIC PLAZA DUBLIN, CA 94568 Req. No: Dept. PWIFACILITIES DEV DIVISION Contact: ROSEMARYALEX Confirming? No DUBLIN, CA 94568 RECEIVING COPY OA- aL Authorized Signature CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Matriscope Engineering Laboratories Inc. ( "Consultant ") as of April 6, 2016. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2017, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $34,181 (thirty -four thousand one- hundred and eighty one dollars), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 1 of 13 Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ■ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc, Page 2 of 13 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule attached as Exhibit B. 2.6 Reimbursable Expenses. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded, 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services, The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement, City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the peforman,ce of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 3 of 13 insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self - insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 42.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ( "any auto "). Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 4 of 13 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City, Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self - insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 5 of 13 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 6 of 13 4.4.5 Deductibles and Self-insured Retentions. Consultant shall disclose to and obtain the approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 7 of 13 violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 2782. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 8 of 13 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 9 of 13 agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 10 of 13 covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 11 of 13 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors,and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to. Matriscope Engineering Laboratories Attn: Robert Tadlock, General Manager 604 Bercut Drive Sacramento, CA 95811 Consulting Services Agreement between April 6, 2016 City of Dublin and Matriscope Engineering Laboratories, Inc. Page 12 of 13 Any written notice to City shall be sent to: City of Dublin Attn: Chris Foss, City Manager 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with reportidesign responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN is Foss, Ci Ma ager Attest: ZVig Caroline Soto, City Clerk Approved as to Form: Jo ,,VBakker, City Attorney CON ANT Z ?- Robert Tadlock, General Manager Consulting Services Agreement between April 6,. 2016 City of Dublin and Matriscope Engineering Laboratories, Inc, Page 13 of 13 Revised: April 6, 2016 Ms. Rosemary Alex Parks & Facilities 'exkibif "A MatriScope r�® Engineering Laboratories, Inc. Proposal No.: P030216AHr1 Phone No.: (925) 833 -6646 Email: rosemary.alex @dublin.ca.gov Development Coordinator City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Proposal to Provide Special Inspection and Testing Services Fallon Sports Park — Phase II Project 4605 Lockhart Street, Dublin, CA Dear Ms. Alex, Thank you for the opportunity to submit this proposal for Materials Testing and Construction Inspection Services for the Fallon Sports Park — Phase II Project. Enclosed please find a breakdown of our proposal for your review and comment. This proposal provides a summary of: • Project Understanding • Scope of Services Included & Excluded • Estimated Cost MatriScope is a certified Small Business Enterprise (SBE Certification No. 14741). Our mission is to provide our clients with an unparalleled experience by striving for excellence in customer service and quality assurance. MatriScope's proposed senior staff will be personally committed to assuring that our services are provided in a professional and timely manner. In addition, our engineering staff can provide engineering and technical assistance should the need arise. We are confident that our capabilities will provide the qualified and motivated team necessary for the successful completion of the project. PROJECT UNDERSTANDING Located at 4605 Lockhart Street, Dublin, CA, the Fallon Sports Park is a 60 -acre community park bordered by Fallon Road, Central Parkway, Lockhart Street, and Gleason Drive. The park currently encompasses 28 acres of the 60 -acre site. Two additional phases are planned for Fallon Sports Park, one of which is the design and construction of a portion of the Lower Terrace of the park (Phase II work) which encompasses about 19.75 acres. Phase I of the park was dedicated in July 2010. It is our understanding the Phase II work will include constructing /installation of: • one natural grass, 90 -foot baseball field with lighting • two synthetic turf soccer fields with lighting • parking area, fencing, signage • rest room /concession building, scorekeepers booth • group picnic area, adventure playground area 601 Bercut Drive • Sacramento, CA 95811 • 916 3`:5 6700 Fax: 916.447.6702 6244 Preston Avenue • Livermore, CA 94551 0 925.606 1700 Fax: 925.606.7702 www.matriscope.com Proposal for Special Inspection and Materials Testing Services Fallon Sports Park — Phase II Project Dublin, CA Revised; April 6, 2016 Page 2 of 4 • concrete terraced seating, concrete steps, concrete walkways • pathway lighting, sports field lighting, site furnishings • arbors, shade structures, trash enclosure • planting, irrigation, site grading, drainage, etc. SCOPE OF SERVICES Based on our review of the available project documents (as noted below) and our past experience on projects of similar size, we have identified the following materials testing and construction inspection services that we have included and excluded from this proposal that we assume will be needed during construction. Scope of Work Inclusions 1. Placement of reinforcing steel /anchors — bar size, grade, spacing, clean, clearance, properly tied a. Rebar — bend & tensile testing 2. Cast in place concrete — laboratory and field (concrete sampling, slump, air tests, cylinders, compressive strength tests and placement inspections) related to: a. Slab on grade, foundation footings, piers, etc. (10 trips) b. Provide 1 batch plant inspection 3. Structural steel, welding -field and shop: a. Shop fabrication: assumed shop is within 50 miles of project site or MEL Office. b. Field Installation Inspections — welding c. Grout under base plate sampling and compressive strength testing d. Welding Procedure Specifications (Shop /Field) Review 4. Installation inspections and /or load tests of post installed anchors /dowels — epoxy and /or expansion, for MEP, ductwork into concrete and /or masonry construction. 5. Masonry Construction: a. Prism Test: Pre - construction & once for each 5,000 sq. ft. installed b. Mortar and grout compressive strength testing c. Inspection of reinforcing steel d. Continuous inspection during grouting operations 6. Other— management oversight, administrative and technical support — mix design review, welding procedures, final and weekly progress reports, etc. Scope of Work Exclusions 1. Structural Observations (by S.E.) 2. Geotechnical Design Recommendations (by Geo. Engineer of Record) 3. Geotechnical materials testing services — laboratory and field (by Others) 4. Testing and inspections related to Onsite or Offsite Improvements — AC /AB /PCC paving, driveways, Parking lots, approaches, walkways, sidewalks, curbs, gutters, etc. (by Others) 5. Waterproofing installation inspections /tests* (by manufacture or supplier) 6. Any other inspections and /or testing not specifically addressed above* *These services can be provided by MatriScope if requested. if the scope of work outlined is not accurate or has changed, please inform us immediately and we will revise our estimate for materials testing and special inspection for this project. MatriScope gingaF ,-Laboratories,tree. Proposal for Special Inspection and Materials Testing Services Fallon Sports Park — Phase II Project Dublin, CA Revised: April 6, 2016 ESTIMATED COST Page 3 of 4 The below noted estimate is based on our review of the available project plans from ARTTK Art & Architecture /City of Dublin Public Works (dated 1/25/16), applicable building codes and our past experience of similar projects. 1. Cast in Place Concrete $17,635 2. Structural Steel /Welding /Bolting $4,555 7 3. Masonry Construction $9,755 4. Administration $2,236 TOTAL ESTIMATED FEES $34,181 A detailed breakdown of our estimated fees is attached. ESTIMATE OF FEES & CONDITIONS Our proposed estimate of fees for construction materials testing and inspection services associated with the Fallon Sports Park — Phase II Project, based on the scope of services as described above, is $34,181.00. Please note this is a time and materials estimate not a lump sum estimate. Our services will be billed on a time and materials basis at our discounted Prevailing Wage Rates. The actual cost of our services will depend largely on your requested site visits for our services, as well as impact of weather and work stoppages, all of which are beyond our control. If additional services are required beyond the scope of this proposal, those services would be billed in accordance with the unit prices quoted and /or our 2016 Schedule of Fees and Services. Whenever possible we will try to combine inspection and testing services to reduce the cost to the project. We will provide services on an as- called basis and will require 24 hours advance notice for scheduling observation and testing visits. Construction inspection and materials testing services are billed portal to portal from our Livermore Office (located 9 miles from the project site) on a time and materials basis. An administration fee of seven percent will be added to all invoices. Equipment charges are additional and have been included where applicable. MatriScope has a minimum billing increment for our field technicians. Field technicians' charges are billed at two -hour minimum show -up /cancellation and four -hour increments. Overtime (work over 8 hours and Saturdays) or premium time (Sundays and Holidays) are billed at 1.5x and 2.0x, respectively, of our stated hourly rates. All inspectors and /or materials testing will be provided upon 24 hours prior notice of the time and date of the requested service. Same day request for service will be billed at 1.5x hourly rate. We will provide an itemized listing of all tests and inspections performed. All billing services performed in the field will be charged on an hourly basis. All payments are net -30 days from the date of invoice and are considered past due thereafter. A finance charge of one and a half percent per month service charge (eighteen percent per annum) may be assessed on past due accounts. MatriScope .d Enginceenng laboratories, Im. Proposal for Special Inspection and Materials Testing Services Fallon Sports Park — Phase II Project Dublin, CA Revised: April 6, 2016 INSURANCE Page 4 of 4 MatriScope Engineering Laboratories, Inc. will provide a certificate of insurance providing our standard coverage, which consists of: Commercial General Liability (CGL) $1,000,000 each occurrence Bodily Injury & Property Damage $2,000,000 aggregate Workers Compensation $1,000,000 CLOSURE We appreciate the opportunity to present this proposal and look forward to working with you on this project. If you should have any questions or require additional information please contact our office at (510) 763 -3601. Respectfully Submitted, MatriScope Engineering Laboratories, Inc. ,-7 r Dan Inferrera t, Operations Manager Ahmed mdy Business Development & Project Manager MatriScopc a `, , MatriScope . F Engineering Laboratories, Inc. i Revised: April 6, 2016 Materials Special Inspection & Testing Services Estimate Fallon Sports Park, Phase II Project Dublin, CA Proposal No.: P030216AHr1 MatriScope Engineering Laboratories, Inc. Reinforcing Steel & Anchor Placement Rebar: Material ID, Tag sample and transport to lab for testing. (1 trip) 4 \hours $ 75.00 1 $ 300.00 Slab on Grades /footings and etc. (10 trips) 40 \hours $ 75.00 1 $ 3,000.00 Drilled Piers (Strips) Rebar inspections 20 \hours $ 75.00 $ 1,500.00 Installation of Post Installed Anchors & Dowels (Conc: MEP /Ducts and etc.) 16 \hours $ 75.00 $ 1,200.00 Load testing of Post Installed Anchors & Dowels (expansion /epoxy) 16 \hours $ 75.00 $ 1,200.00 Load Testing Equipment Usage (4 trips) 16 \hours $ 15.00 $ 240.00 Concrete Placement Inspection Batch Plant Inspection (1 trip) 4 \hours $ 75.00 $ 300.00 Slab on Grades /footings and etc. (10 trips) 40 \hours $ 75.00 $ 3,000.00 Drilled Piers (5 trips /4 hours each) includes rebar inspection 20 \hours $ 75.00 $ 1,500.00 Sample Transportation To Laboratory ( 10 trips) 10 \hours $ 60.00 $ 600.00 Laboratory & Engineering Engineer Concrete Mix Design Review & Weekly Progress Reports 4 \hours $ 160.00 $ 640.00 Concrete Compression Test (15 sets of 5 using 48 cylinders) 75 \each $ 25.00 $ 1,875.00 Reinforcing Steel Tensile Test (2) 2 \each $ 125.00 $ 250.00 Reinforcing Steel Bend Test (2) 2 \each $ 125.00 $ 250.00 Pre - Construction Meeting 4 \hours $ 125.00 $ 500.00 Engineer Bi- Weekly Reports & Final Affidavit 8 \hours $ 160.00 $ 1,280.00 Subtotal: $ 17,635.00 Placement Inspection Masonry Units, Rebar & Grouting 1 80 \hours $ 75.00 1 $ 6,000.00 Sample Transportation To Laboratory 1 10 \hours 1 $ 60.00 1 $ 600.00 Laboratory & Engineering Engineering Grout Mix Design Review & Letters 2 \hours $ 160.00 $ 320.00 Installation of Post Installed Anchors & Dowels (Epoxy only for masonry walls) 8 \hours $ 75.00 $ 600.00 Load testing of Post Installed Anchors & Dowels (2 trips) 8 \hours $ 75.00 $ 600.00 Load Testing Equipment Usage 8 \hours $ 15.00 $ 120.00 Masonry Composite Prism Compression (prior to constr & every 5000sf) 6 \each $ 165.00 $ 990.00 Masonry - grout, mortar, compression strength testing 15 \each $ 35.00 $ 525.00 Subtotal: $ 9,755.00 Inspection Services (Decking, HSS Columns, Beams, Canopies, etc.) Shop Fabrication (Within 50 -Miles of Project Site or MEL Office) 1 24 \hours 1 $ 75.00 1 $ 1,800.00 Field Installation, welding, high strength bolting 32 \hours $ 75.00 $ 2,400.00 Laboratory & Engineering: Grout under base plates compressive strength testing I 3 \each $ 35.00 $ 105.00 Welding Procedures Review By Manager 1 2 \hours 1 $ 125.00 $ 250.00 Subtotal: $ 4,555.00 Project Administration: $ 2,236.15 $ 34,181.15 Cast -In -Place Concrete: 182 $ 17,635.00 Concrete Unit Masonry : 90 $ 9,755.00 Structural & Miscellaneous Steel: 56 $ 4,555.00 Project Administration: - $ 2,236.15 Proposal No.: P030216AHr1 MatriScope Engineering Laboratories, Inc. Y's Matr1SC©pe Engineering Laboratories, Inc. Revised: April 6, 2016 Materials Special Inspection & Testing Services Estimate Fallon Sports Park, Phase II Project Dublin, CA Additional commentsl: 1. The unit rates for laboratory testing include all required laboratory technician costs, sample storage & disposal charges. 2. Regular work day is from 7:00 am to 4:00 pm, Monday - Friday. Inspector rates are based on a two -hour minimum show -up /cancellation & four -hour increments. 3. This estimate was based upon review of the available project documents consisting of the project plans from ARTTK Art & Architecture /City of Dublin Public Works dated 1/25/16. 4. Services will be performed on a time & material basis with a NOT to Exceed (without Written Authorization) in accordance with this estimate & our current schedule of fees & services, including the general conditions contained therein. A project administration fee of seven percent will be added to all invoices. Equipment charges are additional. S. Labor rates are based upon our discounted Prevailing Wage Rates. Proposal No.: P030216AHr1 MatriScope Engineering Laboratories, Inc. ® ACC)R" CERTIFICATE OF LIABILITY INSURANCE 44 . ` DATE (MMIDD!YYYY) 4/8/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Bozuuto & Company Insurance Services Inc. 9300 Madison Ave., Suite 100 Orangevale CA 95662 NAME: Certificate Department PHONE 800- 400 -6394 FAC 800 -286 -0808 MIR -m E-MAIL ADDIMSS. certificates @bozsutoinsurance.com INSURERS) AFFORDING COVERAGE NAIC 0 INSURER :Travelers Indemnity Co of CT 25682 COMMERCIAL GENERAL LIABILITY INSURED MATRI -8 MatriScope Engineering Laboratories Inc INSURERB:State Compensation Ins Fund 35076 INSURER :Travelers Property Casualty Co 36161 INSURER D : $1,000,000 601 Bercut Drive Sacramento CA 95811 CLAIMS -MADE X❑ OCCUR INSURERE: INSURERF: DAMAGE TO RENTEY- PREMISES Ea occurrence Ta101e1•I111-T- Il TJ IN 1. 1.l■.' IN 1.'. 1_1 =- k.VVCKAUC.7 -c .--------- "- ----- --_ - TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTI2 TYPE OF INSURANCE INSD WVD POLICY NUMBER PMLDCY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 680- 526OL928- TCT -15 10/1 2016 10/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTEY- PREMISES Ea occurrence $300,000 MED EXP (Any one person) $5,000 PERSONAL &ADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OPAGG $2,000,000 POLICY F jECT LOC OTHER: C ALrTOMOBILELIABILITY BA4F757218-16GRP 2172016 10/1 2016 INGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Peraocident) $ ALL SCHEDULED AUTS Per accident) $ HIREDAUTOS AUTO OVvNED 1 It 1 UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE $ B DED RETENTION WORKERS COMPENSATION y 1972741 -2015 10/12015 10/12016 _ X SEATUTE I IER H E.L. EACH ACCIDENT $1,000,000 AND EMPLOYERS' LIABILITY YIN ANY PROFRIETORIPARTNERIEXECUTIVE NIA E,L.DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $1,000,000 Ifyes, describe under D ESC RIPTION OF OPERATIONS below • Property Section 680- 5250L928- TCT -15 10112015 10/12016 • Equip Floater 680.625OL928- TCT -15 10/12015 10/12016 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Fallon Sports Park The City of Dublin, its officers, employees, agents, and volunteers are named as additional insured per that attachments. Primary wording applies. Waivers of Subrogation apply per the attached endorsements. City of Dublin 100 Civic Plaza Dublin CA 94568 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PZED REPRESENTATIVE re) 1QAA -2nid ACORD CORPORATION. All rights ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ENDORSEMENT AGREENE:NT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 1, 2015 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING OCTOBER 1, 2016 AT 12.01 A.M. AT 12--01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MATRISCOPE ENGINEERING 601 BERCUT DR SACRAMENTO, CA 95811 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER ,TDB DESCRIPTION BLANKET WAIVER OF SUBROGATION 1972741 -15 RENEWAL NF 4- 15 -08 -58 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SANNFRFRANCISCO: AUTHORIZED REPRESENT IVE SCIF FORM 10217 (REV.7-2014) AUGUST 11, 2015 2572 PRESIDENT AND CEO OLD OF 217 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage_ Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment N. Additional Insured — Architect, Engineer Or Surveyor O. Who Is An Insured — Newly Acquired Or Formed Organizations P. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily Injury Definition V. Amended Insured Contract Definition — Railroad Easement W L. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Premises X. M. Additional Insured — State Or Political Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com- mon Policy Declarations is amended as fol- lows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, Amended Property Damage Definition — Tangible Property Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY CG D3 79 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section I): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa- maritan services" to a person, other than a co- "employee" or "volunteer worker ", will be deemed to be caused by an "occurrence ". For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services to any one per- son will be deemed one 'occurrence ". 2. As used in this Provision B.: a. "First aid" means medical or nursing ser- vice, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispensing of drugs or medical supplies or appliances; b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any of your "employees ", who are not employed as a doctor or nurse by you, but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1): Sale of Pharmaceuticals "Bodily injury" or "property damage" aris- ing out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. The insurance provided by this Provision B. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is de- leted and replaced by the following: Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect any person or property. D. NON -OWNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY in COVERAGES (Section 1) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section II) is amended to include as an in- sured any person who, with your expressed or implied consent, either uses or is respon- sible for the use of the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1): Aircraft chartered with crew, including a pilot, to any insured. Page 2 Of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 2. This Provision E. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to COMMERCIAL GENERAL LIABILITY any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such dam- age results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. Paragraph a. of the definition of "insured con- tract" in DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract "; S. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) is excluded by another endorsement to this Coverage Part. G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal injury' caused by malicious prosecution. CG D3 79 09 07 0 20D7 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is increased to $10,000. I. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.1b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant in that premises; (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or Page 4 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury ", "property damage ", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage ", "personal injury" or "advertis- ing injury" arising out of operations performed by you or on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an insured for: 1. "Bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products — completed operations hazard ". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a 'contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" that is caused, in whole or in part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work ". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. O. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section II) is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 180 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED — UNNAMED PART- NERSHIP OR JOINT VENTURE — EXCESS 1. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations_ CG D3 79 09 07 0 2007 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co- ventures in that joint venture is an archi- tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from 'occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project ". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project' for all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project "; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project ". R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an 'occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the 'occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an 'occur- rence" or offense does not imply that you also have such knowledge. Page 6 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ- ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (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 ", "personal injury" or "advertising injury" arising out of: COMMERCIAL GENERAL LIABILITY 4. "Your products ". We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in DEFINITIONS (Section V) is de- leted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION —TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the "occur- rence" that caused it. 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement For the purposes of this insurance, tangible prop with that person or organization; erty does not include data. 3. "Your work "; or CG D3 79 09 07 0 20D7 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V -- DEFINITIONS: "Contract or agreement requiring insurance" means that part of any 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. Page 8 of 8 0 2007 The Travelers Companies, Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY 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 PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. 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 Cov- erage 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 addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (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; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less_ This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance 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_ The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (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 insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we All not share Ath that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. The follovring is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 06 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Client#: 10126 UNITEENGI ACORDTM CERTIFICATE OF LIABILITY INSURANCE D roDlYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4 /08/ 4/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doris A. Chambers Dealey, Renton 8r Associates PHONE o Ext : 510 465 -3090 Alc, No : 510 452 -2193 P. Box ADDRESS: dchambers @dealeyrenton.com kl A 9 Oakland, CA 94604 -2675 510 465 -3090 Angela Borg INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Lexington Insurance Company $ INSURED MatriScope Engineering Laboratories, Inc INSURER B 601 Bercut Drive INSURER C: INSURER D: Sacramento, CA 95811 PERSONAL & ADV INJURY $ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM1DDNYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE $ PREMISES Ea occur ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: PRO - 7 GENERAL AGGREGATE $ GENT POLICY JECT LOC PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DIED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY OFFICERiMEMBER EXCLUDED? ECUTIVE� N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional 028174888 2/07/2016 02/07/201 $1,000,000 per Claim Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Fallon Sports Park - Insurance. City of Dublin 100 Civic Plaza Dublin, CA 94568 ACORD 25 (2014/01) 1 of 1 #S1661158/M1613447 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DAC