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HomeMy WebLinkAbout2011 CON Southern California Soil & Testing - Amendment #2 - Materials Testing ServicesSECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, INC. TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS This Second Amendment to the Agreement is entered into this 4th day of October, 2011, by and between the City of National City, a municipal corporation ("the "CITY"), and Southern California Soil & Testing, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") wherein the CONSULTANT agreed to provide geotechnical materials testing services for City projects. B. The parties executed a First Amendment to the Agreement to extend the term for an additional one year term, from October 7, 2010 to October 8, 2011. C. The parties desire to amend the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012. D. The parties desire to amend the Agreement to increase the not -to -exceed limit by $150,000, fora total Agreement amount of$2.60;800. -$ 30 01 0-Do AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Section 6 of the Agreement is amended to extend the term of the Agreement for one-year, from October 9, 2011 to October 10, 2012. 2. The Compensation and Payment in Section 4 of the Agreement is increased, based on actual work requested and performed, not -to -exceed $300,000. 3. Each and every term of the Agreement dated October 6, 2009, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY B Ron Morrison, Mayor APPROVED AS TO FORM: ut9ia G. s I. City Attorney SOUTHERN CALIFORNIA SOIL & TESTING, INC. By: Gordon Woodard Vice President A /J CERTIFICATE OF LIABILITY INSURANCE ATE D2/1/2011) 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 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 CONTNAME: ACT Certificate Department fAlt No.Ezt): 619-234-6848 AC,No1:819-234-8601 E-MAIL ADDRESS: certificates®cavignac.com PRODUCER SOUTH-6 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 United States INSURER A:TRAVFT,FR4 PR()P C'Aq (n op TMFR 25674 12203 INSURER B : JAMES RIVER INS CO INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 135233 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS p GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR 6806686L064 12/1/2010 12/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1, 000, 000 CLAIMS -MADE MEDEXP (Any one person) $ 10,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 X Cross Liab/Sev of Int GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POUCY X 5' F OC PRODUCTS- COMP/OP AGG $ 2,000,000 Deductible $ 0 p AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS N $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE— $ AGGREGATE $ i DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS YIN N / A UB3610T318 12/1/2010 12/1/2011 x WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,1,000,000000, E.L. DISEASE - EA EMPLOYEE $ 1, 000,000 halo w E.L. DISEASE - POLICY LIMIT $ 1, 000,000 B Professional Liability 000028777 1/30/2011 1/30/2012 Each Claim Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: On -Call Professional Engineering/Construction Materials Testing Services Oct 2009 to Oct 2010 Certificate Holder is Additional Insured with respect to general liability per attached and auto liability included in policy form. Waiver of Subrogation applies to workers compensation per attached. CANCELLATION City of National City 1243 National City Blvd, National City, CA 91950-4397 United States 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 Jeffrey J. Steen 41141d ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 135233 Page 2 of 4 POLICY NUMBER: 6806686L064 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 available to such additional insured which covers such II): additional insured as a named insured, and we will not Any person or organization that you agree in a "contract share with the other insurance, provided that: or agreement requiring insurance" to include as an (1) The "bodily injury" or "property damage" for additional insured on this Coverage Part, but only with which coverage is sought occurs; and respect to liability for "bodily injury", "property damage" or (2) The "personal injury" for which coverage is "personal injury" caused, in whole or in part, by your acts sought arises out of an offense committed; or omissions or the acts or omissions of those acting on after you have entered into that "contract or agreement your behalf: requiring insurance". But this insurance still is excess over a. In the performance of your ongoing operations; valid and collectible other insurance, whether primary, b. In connection with premises owned by or rented to excess, contingent or on any other basis, that is available you; or to the insured when the insured is an additional insured c. In connection with "your work" and included within the under any other insurance. "products -completed operations hazard". C. The following is added to Paragraph 8. Transfer Of Such person or organization does not qualify as an Rights Of Recovery Against Others To Us in additional insured for "bodily injury", "property damage" or COMMERCIAL GENERAL LIABILITY CONDITIONS "personal injury" for which that person or organization has (Section IV): assumed liability in a contract or agreement. We waive any rights of recovery we may have against any The insurance provided to the additional insured is limited person or organization because of payments we make for as follows: "bodily injury", "property damage" or "personal injury" d. This insurance does not apply on any basis to any arising out of "your work" performed by you, or on your person or organization for which coverage as an behalf, under a "contract or agreement requiring insurance" additional insured specifically is added by another with that person or organization. We waive these rights endorsement to this Coverage Part. only where you have agreed to do so as part of the e. This insurance does not apply to the rendering of or "contract or agreement requiring insurance" with such failure to render any "professional services". person or organization entered into by you before, and in f. The limits of insurance afforded to the additional effect when, the "bodily injury" or "property damage" insured shall be the limits which you agreed in that occurs, or the "personal injury" offense is committed. "contract or agreement requiring insurance" to D. The following definition is added to DEFINITIONS provide for that additional insured, or the limits shown (Section V): in the Declarations for this Coverage Part, whichever "Contract or agreement requiring insurance" means that are less. This endorsement does not increase the part of any contract or agreement under which you are limits of insurance stated in the LIMITS OF required to include a person or organization as an INSURANCE (Section III) for this Coverage Part. additional insured on this Coverage Part, provided that the B. The following is added to Paragraph a. of 4. Other "bodily injury" and "property damage" occurs, and the Insurance in COMMERCIAL GENERAL LIABILITY "personal injury" is caused by an offense committed: CONDITIONS (Section IV): a. After you have entered into that contract or However, if you specifically agree in a "contract or agreement; agreement requiring insurance" that the insurance provided b. While that part of the contract or agreement is in to an additional insured under this Coverage Part must effect; and apply on a primary basis, or a primary and non-contributory c. Before the end of the policy period. basis, this insurance is primary to other insurance that is CGD3810907 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 3 of 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: us3610T318 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page4 of 4 RESOLUTION NO. 2011 — 223 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., IN THE NOT TO EXCEED AMOUNT OF $150,000 TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009- 234, authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc., for a one-year period to provide on -call geotechnical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement through October 8, 2011, with no increase to the compensation; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 10, 2012, and increase the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Southern California Soil & Testing, Inc., for a one-year period, expiring October 10, 2012, to provide on -call geotechnical materials testing services for various capital improvement projects, and an increase of the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October ATTEST: APPROVED AS TO FORM: CI►1': a acitua City Attorney 11 on Morrison, ' ayor Passed and adopted by the Council of the City of National City, California, on October 4, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI rk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-223 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT U (74 .'I% MEETING DATE: October 4, 2011 •ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Southern California Soil & Testing, Inc. to extend the term of the Agreement for one-year, and increase the Agreement by $150,000 for a total not -to -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis AGENDA ITEM NO. 4 PREPARED BY: Lynn Col lP PHONE: 4318 • Additional information is attached. DEPARTMENT: Development Services/ ng APPROVED B : • EXPLANATION: Staff is requesting: 1), an extension to the Agreement for one-year, and 2) to increase the Agreement amount by $150,000 for a total not -to -exceed contract amount of $300,000. This will allow required material testing on the following Capital Improvement Projects: City-wide Safe Routes to School 8th Street Sewer upsizing and undergrounding Storm drain improvements Concrete drainage improvements Street resurfacing ADA Park Improvements 8th Street Improvements (Smart Growth Project and Safe Routes to School) Coolidge Avenue Improvements. J FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time by increasing the Agreement by $150,000. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $300,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Second Amendment to the Agreement 3. 2009 Agreement with Southern California Soil & Testing, Inc. 4. Resolution r\ - Explanation In August, 2009, the Development Services Department, Engineering Division solicited Request for Proposals (RFP) from firms to provide geotechnical materials testing services for various Capital Improvement Projects. Five RFP's were received and two firms were selected to provide the needed on -call services; Ninyo & Moore and Southern California Soil & Testing. On October 6, 2009, the City and Southern California Soil & Testing entered into an Agreement to provide geotechnical materials testing services for City projects on an as - needed basis. On October 5, 2010, the City and Southern California Soil& Testing entered into a First Amendment to the Agreement to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, and added to the Agreement, that the City may at its option, extend the agreement for an additional year, i.e., through October 8, 2012. The proposed resolution would be the second amendment to the Agreement and would: 1) extend the Agreement for one-year, from October 9, 2011 to October 10, 2012; and 2) increase the Agreement by $150,000 for a total not -to -exceed contract amount of $300,000. The following Capital Improvement Projects are moving into the construction phase, and will require materials testing: • City-wide Safe Routes to School • 8th Street Sewer upsizing and undergrounding • Storm drain improvements • Concrete drainage improvements • Street resurfacing Additionally, several upcoming Capital Improvement Projects will require geotechnical materials testing as they move forward. They include: • ADA Park Improvements • 8th Street Improvements (Smart Growth Project and Safe Routes to School) • Coolidge Avenue Improvements Geotechnical materials testing services account for approximately 3% of the total project cost. Staff has calculated the amount needed for material testing services for the above listed projects, and increasing the Agreement by $150,000 will allow adequate funds to cover the needed material testing through the Agreement time period. The various Capital Improvement Projects will fund the required testing. RESOLUTION NO. 2011 — 223 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., IN THE NOT TO EXCEED AMOUNT OF $150,000 TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009- 234, authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc., for a one-year period to provide on -call geotechnical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement through October 8, 2011, with no increase to the compensation; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 10, 2012, and increase the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Southern California Soil & Testing, Inc., for a one-year period, expiring October 10, 2012, to provide on -call geotechnical materials testing services for various capital improvement projects, and an increase of the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL TESTING, INC. TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS This Second Amendment to the Agreement is entered into this 4th day of October, 2011, by and between the City of National City, a municipal corporation ("the "CITY"), and Southern California Soil & Testing, Inc. (the "CONSULTANT'). RECITALS A. The CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") wherein the CONSULTANT agreed to provide geotechnlcal materials testing services for City projects. B, The parties executed a First Amendment to the Agreement to extend the term for an additional one year term, from October 7, 2010 to October 8, 2011. C. The parties desire to amend the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012. D. The parties desire to amend the Agreement to increase the not -to -exceed limit by $150,000, fora total Agreement amount of AGREEMENT Soot au) NOW, THEREFORE, the parties agree as follows: 1. Section 6 of the Agreement is amended to extend the term of the Agreement for one-year, from October 9, 2011 to October 10, 2012. 2. The Compensation and Payment in Section 4 of the Agreement is increased, based on actual work requested and performed, not -to -exceed $300,000. 3, Each and every term of the Agreement dated October 6, 2009, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY SOUTHERN CALIFORNIA SOIL & TESTING, INC. By: By: Ron Morrison, Mayor Gordon Woodard ✓ Vice President APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING INC. THIS AGREEMENT is entered into this 6th day of October, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY.), and Southern California Soil & Testing Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide geotechnical materials testing services for city projects. WHEREAS, the CITY has determined that the CONSULTANT is a materials testing firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services on an on -call basis. The scope of work will be defined for each project in accords with Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gordon T.M. Woodard, RCE, thereby is designated as the Project Director for the CONSULTANT. 2 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $150,000.00. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on October 6, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY' s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT' s written work product for the CITY' s purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 Gty's Standard Agreement —June 2008 revision 3 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANTs agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANTS trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, 3 City's Standard Agreement — June 2008 revision 4 been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14_ 4 Cdys Standard Agreement —June 2008 revision 5 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (en -ors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANTS employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. ►. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is 5 City's Standard Agreement —June 2008 revision 6 approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attomeys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attomeys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery'of written Notice of Termination to the CONSULTANT as provided for herein. 6 Citys Standard Agreement —June 2008 revision 7 D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. Ali notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: City of National City Maryarn Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 To CONSULTANT: Southern California Soil & Testing Inc. Attn: Gordon T. M. Woodard, RCE 6280 Riverside Street San Diego, CA 92120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at 7 City's Standard Agreement —Jule 2008 revision 8 all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Govemment Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Califomia. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation 8 Citys Standard Agreement — .June 2008 revision 9 and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY on Morrison, Mayor APPROVED AS TO FORM: SOUTHERN CALIFORNIA SOIL & TESTING INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By� y (Nae) • fi. c By: George H. iser, III City Attorney �0/2 rn/ wUU` r�r `,0 (Print) /c / (Title) r o nr,\ b€ cL Oren\;,. _J (Print) 0 00 (Title) 9 10 City's Standard Agreement — June 2008 revision SCOPE OF WORK The following is the general outline of the typical services that SCS&T can provide based on the 2007 CBC, and the City of National City requirements. Laboratory tests will be provided on a time and materials basis at unit rates as shown on the attached `Adjusted Schedule of Fees' dated August 1, 2009. GEOTECHNICAL ENGINEERING SERVICES Our typical preliminary geotechnical investigation will consist of a surface reconnaissance, subsurface exploration, obtaining representative soil samples, laboratory testing, analysis of field and laboratory data, and review of relevant geologic literature. Our scope of service does not include assessment of hazardous substance contamination or whether the property is in an environmentally sensitive area that may require a special permit for the investigation (for example, City of San Diego Municipal Code § 62.0108, "Exploratory Permits"). Specifically, the intent of our proposed investigation is as follows: • Explore the subsurface conditions to the depths influenced by the proposed construction; • Evaluate the engineering properties of the various strata that may influence the proposed development, including bearing capacities, expansion characteristics and settlement potential; • Describe the general geology at the site including possible geologic hazards that could have an effect on development; • Address potential construction conditions that may be encountered due to subsurface conditions, groundwater, or geologic hazards, and provide recommendations concerning these conditions; • Develop geotechnical engineering criteria for site preparation; • Provide recommendations for shored and unshored temporarily cut slopes; • Recommend an appropriate foundation system for the type of structure anticipated and develop geotechnical engineering design criteria for the recommended foundation type; • Present our professional opinions in a report encompassing, a plot plan, exploration logs, a summary of the laboratory test results, as well as conclusions and recommendations. TYPICALGEOTECHNICAL ENGINEERING SERVICES • Preparation of a 'transfer of geotechnical engineer' responsibility letter; • Preparation of a "Grading Plan Review" report, addressing conformance of the grading plan with recommendations contained in the Geotechnical Report for the project; • Preparation of a "Foundation Plan Review" report addressing conformance of the foundation plan with recommendations contained in the Geotechnical Report for the project; • Participation in a pre -grading meeting attended by the principal parties involved in the earthwork; • Periodic observation of demolition and clearing operations; • Continuous observation of underpinning by our geotechnical staff; • Continuous/Periodic observation of temporary shoring and tie -back drilling by our geotechnical staff; 11 • Periodic observation of the earthwork operations and relative compaction testing; • Periodic observation of earthwork operations by our geotechnical staff; • Continuous/Periodic observation of any wall backfill operations and relative compaction testing; • Performance of laboratory tests to determine the pertinent engineering properties of the soils encountered in the earthwork; • Periodic observation and relative compaction testing of utility trench backfill; • Periodic observation and relative compaction testing of subgrade preparation, aggregate base, and asphalt placement; • Observation of footing excavations for structural improvements by our geotechnical staff; • Preparation of reports summarizing our tests and observations of the grading, wall backfill, underground utility trench backfill, subgrade preparation, aggregate base and asphalt placement. 'TYPICAL SPECIAL INSPECTION AND MATERIALS ENGINEERING SERVICES • Reinforcing steel/tendons, periodic — during placement of steel/tendons, and before placement of concrete; • Reinforced concrete, continuous — during the placement and sampling of concrete as required; • Post -tension concrete, continuous — during placement, sampling of concrete as required, stressing and grouting of tendons; • Shotcrete, continuous — during placement and sampling of panels as required; • All structural field welding and field welding of reinforcing steel, continuous — (We have assumed that an approved fabricator will be utilized and therefore special inspection of shop welding will not be required.); • Non-destructive testing of full and partial -penetration welds; • High strength bolting, periodic — verify faying surfaces and a snug tight fit and/or proper torque as required; • Drilled and/or epoxy adhesive anchors — during installation of anchors; • Structural Masonry, continuous — during lay up of block, reinforcing steel placement and grouting; • Fire proofing — periodic inspection of application and thickness and density tests; • Shear wall, periodic — during nailing, bolting, anchoring and other fastening of wood shear walls with fastener spacing less than or equal to 4-inches on center. Additional services that were not specifically stated in construction plans but are required in accordance with the 2007 CSC or City of National City requirements will be provided as follows: • Provide daily inspection reports describing the work inspected and stating compliance or non-compliance with the project documents. A copy of the daily report will be left with the on -site superintendent. Reports will be reviewed by SCS&T's project engineer, a Registered 12 Civil Engineer, and will be distributed to the designated recipients. • Fabricate, transport and test normal weight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement. One cylinder will be tested at seven days and two at 28 days. Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test lightweight concrete for slump, temperature and compressive strength at the rate of one set of three concrete test cylinders per 150 cubic yards, 5,000 square -feet or for each day's placement. Test reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test for compressive strength one shotcrete panel per 50 cubic yards of shotcrete wall. Reports shall be prepared and distributed to the designated persons. Suspect or failing test results will be reported to the designated persons on the day of the test. • Transport and test two reinforcing bars for tensile and bend for each 10 tons of each reinforcing bar size. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Transport and test high -strength bolt assemblies for hardness and tensile. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test fireproofing samples for density for every 10,000 square feet of floor assembly. Test reports shall be prepared and distributed to the designated persons. • Fabricate, transport and test one set of three masonry prisms for each 5,000 SF of wall area during construction. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of grout on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Fabricate, transport and test one test sample of mortar on three successive working days and at one -week intervals thereafter. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Extract, transport and test two masonry cores for each 5,000 SF of wall area during construction. One core will be tested for shear and another core for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • Sample, transport and test nine masonry units for each type of masonry block. Three units will be tested for absorption, three for shrinkage and another three for compression. Suspect or failing test results will be reported to the designated person(s) on the day of the test. • An SCS&T project manager will provide supervision of our project personnel and will be an additional point of contact to answer any questions that may arise concerning the project or field personnel. Additional services not fisted above may also be provided as detailed in the attached `Adjusted Schedule of Fees'. 13 Southern California Soil and Testing, Inc. Confidential Schedule of Fees for Professional Services Adjusted for National City On -Call Professional Engineering/Construction Material Testing Services L— EngineerlGeologist Principal Engineer/Geologist $140 Senior Engineer/Geologist 140 Staff Engineer/Geologist 116 Concrete Mix Design Review 167 Deposition and Trial Testimony (4-Hour Minimum, with any time over 4 hours billed as 8 hours) 350 Technician Soils/Materials/QA-QC Supervisor Effective August 1, 2009 PROFESSIONAL SERVICES $115 Soils Technician 77 Materials Technician (ACI) 77 QA/QC Technician (Third Party) 96 Floor Flatness (Dip Stick) Technician 200 Coring - Asphalt, Concrete, Masonry and Gunite 175 Certified Deputy inspection Certified Materials Special Inspector $89 Certified Building Inspector 98 NDT Technician (UT, MT, DT, VT) 98 Batch Plant Inspector 74 OSPHD Inspector A, B /DSA Inspector Level 1,2 108 OSPHD Inspector C / DSA Inspector Level 3 106 AWS Certified Welding Inspector (Field Welding. Shop Welding, High -Strength Bolting)-.-.._.............................................................................................98 Miscellaneous Overtime and Saturday Rate 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) 2 x Regular Hourly Rate Minimum Professional Fee $500/Project Minimum Field Services Fee $400/Project Rush Surcharge normal rate plus 50% TRAVEL Personnel Regular Hourly Rate Per Diem (variable, depending on location) $80- I60/day Sample Pick Up (San Diego, Riverside and San Bernardino Counties) N/C EQUIPMENT AND MATERIALS Nuclear Gauge Included in Technician Rate Outside ServiceslEquipment/Materials..._...................................................................................._................................._.......-_..........._....._...--.. Cost + 20% Generator $50/day Pachometer $ 10/hour Concrete Vapor Emission Kits (ASTM F 1869) $35/kit LABORATORY TESTS Soil And Aggregate Maximum Density, 4-inch mold (ASTM D1557) $192 Maximum Density, 6-inch mold (ASTM D1557) 212 Rock Correction for Maximum Densities..... ..... ............. ...25 Plasticity Index (ASTM D4318) 122 Hydrometer Analysis (ASTM D422) 106 Collapse Potential (ASTM D5333) $106 Expansion Index (ASTM D4829) 170 Sieve Analysis (ASTM 0422) . 80 Direct Shear, Normal Speed (ASTM D3080) 200 Direct Shear, Slow Speed (ASTM 03080) 319 14 1 LABORATORY TESTS Soil and Aggregate (cont.) Resistance Value, R-Value (Cal 301, ASTM D2844) $265 California Bearing Ratio includes Max Density C (ASTM D1883) 594 Sand Equivalent (Cal 217, ASTM D2419) 85 Corrosivity (inc pH, resistivity, soluble chlorides and sulfates) .......180 Sieve Analysis, Coarse (ASTM C136) 57 Sieve Analysis, Fine (ASTM C136) 71 Specific Gravity, Coarse (ASTM C127) 66 Specific Gravity, Fine (ASTM C 127) 66 Durability Index (Cal 227) 215 Asphalt Concrete Hveem - Maximum Bulk Specific Gravity (Cal 308) per plug._.. $128 Hveem and Stabilometer (Cal 308/366) per plug . 168 Rice - Maximum Theoretical Specific Gravity (ASTM D2041) 256 Bulk Specific Gravity, Cores (ASTM DI 188) . . 56 Sieve Analysis Extracted Aggregate (ASTM D5444) 86 Percent Bitumen (ASTM D6307) 176 Marshall Density (ASTM D6926) per plug 128 Marshall Density, Stability and Flow (ASTM 06927) per plug ...... 168 Additional laboratory testing prices available upon request. Masonry Compressive Strength, Block 8"x 8"x16" (ASTM C140) $50 Compressive Strength, Prisms 8"x16"x8" or smaller 106 Compressive Strength, Prisms Larger than 8"x 16"x8" 143 Compressive Strength, Grout 3"x3"x6" (ASTM C1019).. 26 Compressive Strength, Mortor 2"x4" (ASTM C780) 26 Compressive Strength, Mortor 2"x2" (ASTM CI09) 28 Linear Shrinkage, Block (ASTM C426)................................_............_ 242 Concrete Compressive Strength, Cylinders (ASTM C39) $26 Compressive Strength, Core (ASTM C42) 57 Compressive Strength, Shotcrete Panel, 3 cores (ASTM C1140)..279 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496) 71 Flexural Strength, 6"x6"x24" Beam (ASTM C78) 71 Length Change, Mortar or Concrete (ASTM C157) 357 Metals Tensile Strength. #3 - #8 Reinforcing Steel (ASTM A6151A706)$71 Tensile Strength,'#9 - #I 1 (ASTM E8) 87 Bend Test, #3 - # 1 I Reinforcing Steel (ASTM E8) 43 TERMS AND CONDITIONS 7 All field services will be charged from portal to portal with the following minimum charges: • A one -hour minimum charge will be applied to materials sampling and sample pickups. • A two-hour show -up charge will be applied to any service canceled after 4:00 PM the previous day. • A two-hour minimum charge will be applied to all field services. • Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments at 1.5 times die standard rate. • Work in excess of twelve hours in a day will be charged in one -hour increments at 2.0 times the standard rate. • The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this project/contract. SCS&T will increase our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -case basis. Reimbursables: SCS&T reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to the following consumables: magnetic particle powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time. equipment rental, administrative time utilized for photocopying, distribution lists, express mailing. archive searches, etc. Equipment rental or subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Per diens charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per mile for distances over S0 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation to the client Invoices outstanding over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts. the prevailing party shall be entitled to recover its reasonable attorney's fees and other costs of collection. Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Should any services provided by SCS&T for this project become subject to state or federal prevailing wage requirements, 5C5&T will be compensated for those services at its prevailing wage rates, from the date these requirements become effective through completion of the project 6280 Riverdale Street San Diego, California 92120 619.280.4321, Toll Free 877.215.4321 www.scstcom Celebrating 50 Years in Southern California 83-740 Citrus Avenue, Suite G Indio, California 92201 760.775.5983, Toll Free 877,215.4321 www.scst.com 15 ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIYYYY) 2/1/2011 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 the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tt certificate holder in lieu of such endorsement(s). PRODUCER Cavignac k Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 INSURED Son_hcrn California Soil & Testing, lnc. 6280 P._verdale Street San Diego, CA 92120 United States CONTACT Certificane Department PHONE (AIC No Eatj 619-234-6848 EMAIL ADDRESS: certiflcatee0cavi_gnac. corn PRODUCER CUSTOMER ID #. SOJTH-6 INSURER(S) AFFORDING COVERAGE FAX No): G19-234-8601 LC INSURER A TR [ELERS—PRn2 CAS CQ OF AMER NsuRERB:JAMES RIVER INS CO INSURER C INSURER D INSURER E INSURER F NAIC # )5674 12203 COVERAGES CERTIFICATE NUMBER: 135293 • 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 OE 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 LTR TYPE OF INSURANCE ADOL SUER INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYVj (MM/DO/YYYY) LIMITS A GENERAL _X_ LIABILITY COMMERCIAL GENERAL CLAIMS -MADE Contractual Liabrl LIABILITY OCCUR it}' Int GB066b6L064 12/1/2010 12/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES 1Ee occurrence)1,000,000 ence) $ ; X1 MED EXP (Any one person) $ 10, 0 00 X PERSONAL 8ADV INJURY $ 1,000,000 X GEN'L Cross Liab/S v of GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER, PRODUCTS- COMP/OP AGG $ 2, 000, 000 POLICY X rT LOC Deductible $ 0 n, AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS HA461M650A 12/1/2010 12/1/2011 COMBINED SINGLE LIMIT I (Ea accident) $ 1,000, BODILY INJURY (Per person) $ _ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) - _ $ UMBRELLA LIAR EXCESS LIAR __ OCCUR CLAMS -MADE EACH OCCURRENCE r AGGREGATE $ DEDUCTIBLE RETENTION $ _ $ $ .y WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPIIONOFOPERATIONSbelow Y / N N r A U➢3610T318 1,71/2010 72/1/2011 x - H- TWCORV STATUUPA[1 S_ TV E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT - - -- - $ 1, 000, 000 B Professional Liability 000028777 1/30/2011 1/30/2012 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spacn is required) Re: A11 operations. CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jeffrey J. Steen ctlhda' ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and Icb are registered marks of ACORD SC SOUTHERN CALIFORNIA StT SOIL & TESTING,INC. 6280 Riverdale Street San Diego, CA 92120 619.280.4321 Office 619.280.4717 Fax 619.944.4049 Cell kfregoe@scst.com Kimberly C. Fregoe Chief Operating Officer San Diego Indio Riverside OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax October 10, 2011 Ms. Kimberly Fregoe Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 Dear Ms. Fregoe, On October 4th, 2011, Resolution No. 2011-223 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 2 to an Agreement with Southern California Soil & Testing, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.