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HomeMy WebLinkAbout2016 CON SCS Engineers - Groundwater Monitoring Wells DistructionAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STEARNS, CONRAD & SCHMIDT, CONSULTING ENGINEERS, INC. dba SCS ENGINEERS THIS AGREEMENT is entered into this 19th day of January 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and STEARNS, CONRAD & SCHMIDT, CONSULTING ENGINEERS, INC., dba SCS ENGINEERS, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on February 26, 1992 a 500-gallon Underground Storage Tank (UST) was removed from the southeastern portion of 1200 National City Boulevard (the "Site") under the supervision of the County of San Diego Department of Environmental Health (DEH). WHEREAS, during the UST removal, the DEH inspector observed perforations in the tank and an unauthorized release of product. WHEREAS, due to the unauthorized release from the UST removal, DEH required installation of seven monitoring wells and subsequent sampling, testing and reporting. WHEREAS, on December 31, 2012, the unauthorized release case was transferred to the Regional Water Quality Control Board (RWQCB). WHEREAS, on March 18, 2013, the City Manager executed a one-year Agreement with SCS Engineers to conduct additional groundwater monitoring, testing and reporting to the RWQCB in an effort to obtain case closure under the State Water Resources Control Board "Low Threat Closure Policy." WHEREAS, after several meetings and review of reports provided by SCS Engineers, the RWQCB confirmed that the Site meets the criteria in the Low Threat Closure Policy; therefore, the RWQCB is prepared to close the case and issue a "no further action" letter, pending destruction of the monitoring wells. WHEREAS, the CITY desires to employ a CONSULTANT to provide environmental services to finalize closure of the UST unauthorized release case through the RWQCB by destroying the groundwater monitoring wells pursuant to the requirements of the DEH Site Assessment and Mitigation Program. WHEREAS, based on SCS Engineers' prior environmental services provided for the Site and coordination with the RWQCB for case closure, while under contract with the CITY, the CITY has determined that SCS Engineers is most qualified by experience and ability to perform the services desired by the CITY, and SCS Engineers as the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on January 19, 2016. The duration of this Agreement is for the period of January 19, 2016 through September 30, 2016. 3. SCOPE OF SERVICES. The CONSULTANT will perform environmental services for the Site as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as needed to keep staff advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works / City Engineer, 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. Daniel Johnson, Vice President, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $39,625.00 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the Project Coordinator. 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 2 City of National City and SCS Engineers 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. 6. 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. 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. 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 employees 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, unemploy- ment, or workers' compensation insurance. 3 City of National City and SCS Engineers 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(S) 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, 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 SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, 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. 4 City of National City and SCS Engineers 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 14, 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. 5 City of National City and SCS Engineers 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 6 City of National City and SCS Engineers If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 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. 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. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled 7 City of National City and SCS Engineers by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 City of National City and SCS Engineers To CITY: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Daniel Johnson Vice President SCS Engineers 8799 Balboa Avenue, Suite 290 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts 9 City of National City and SCS Engineers as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONSULTANT is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, 10 City of National City and SCS Engineers 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 t— Leslie Deese, City Manager PPROVED AS TO FORM: ClaJ a G 'tua Silva City Atto 11 STEARNS. CONRAD & SCHMIDT, CONSt LjTI NGINE INC., dba SCS EN Tom Shuput, Vice President City of National City and SCS Engineers Environmental Consultants and Contractors EXHIBIT "A" 8799 Balboa Avenue Suite 290 San Diego, CA 92123 858 571-5500 FAX 858-571-5357 www.scsengineers.com SCS ENGINEERS CONFIDENTIAL AND PRIVILEGED NOT TO BE DISCLOSED TO NON -CLIENT PARTIES Copyright 2015 SCS Engineers December 14, 2015 Project Number: 01213113.00 Stephen Manganiello Director of Public Works City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 92121 Subject: Revised Proposal and Contract Amendment Destruction of Groundwater Monitoring Wells and Cleanup Fund Assistance Site: 1200 National City Boulevard National City, California DEH Case #: H32234-001 Dear Mr. Manganiello: Pursuant to our recent conversations, SCS Engineers (SCS) facilitated closure of the leaking underground storage tank case for the Site via conversations with the Regional Water Quality Control Board (RWQCB) under the previously executed Agreement By and Between the City of National City and Stearns, Conrad, and Schmidt Consulting Engineers, Inc. (DBA SCS Engineers) (Agreement), dated March 18, 2013. The RWQCB has closed the case; however, a condition of the no further action letter for the Site is the proper closure of all monitoring wells. SCS is pleased to submit this proposal and contract amendment, as an extension to the prior work by SCS for the City of National City under the Agreement, for Cleanup Fund reimbursement assistance and finalize case closure by destroying groundwater monitoring wells at the Site pursuant to the requirements of the County of San Diego Department of Environmental Health (DEH), Site Assessment and Mitigation Program (SAM). SCS requests that this proposal serve as an Amendment to the previously executed consulting Agreement between SCS and the City of National City (Client). BACKGROUND The Site is located at 1200 National City Boulevard in National City is currently used as a police station. On February 26, 1992 a 500-gallon Underground Storage Tank (UST) was removed, under DEH oversight, from the southeastern portion of the Site. In the DEH UST removal report dated February 26, 1992 the inspector noted "when tank was removed it was perforated and free product was spilled on to the ground." Offices Nationwide City of National City Project Number: 01 2131 13.00 December 14, 2015 Proposal and Contract Amendment Page 2 of 6 SCS ENGINEERS On March 3, 1992 the DEH issued a letter to National City Joint Powers Financial Authority assigning them as responsible party for the unauthorized release at the Site. National City Joint Powers Financial Authority retained Construction Testing & Engineering, Inc. (CTE) on December 7, 1993 to perform assessment and remediation activities at the Site. CTE advanced eight borings from March to September 1992. Five of the eight borings were subsequently converted to monitoring wells. In late 1992 the five monitoring wells were utilized as extraction wells for a Vapor Extraction System (VES), which reportedly operated intermittently through early 1995. From July 7 through August 1, 1995 CTE facilitated the advancement of four additional borings, of which three were converted to monitoring wells. In 2004, SCS conducted one round of groundwater monitoring and sampling on the existing wells at the Site. On December 31, 2012, the unauthorized release case was transferred to the Regional Water Quality Control Board (RWQCB). After conversations with SCS regarding the open case, the RWQCB confirmed that the Site meets the criteria in the Low Threat Closure Policy is preparing to close the case. Prior to issuing a no further action letter for the Site, the RWQCB requires that all monitoring wells be properly destroyed. This Revised Proposal and Contract Amendment addresses the destruction of the Site monitoring wells, as well as Cleanup Fund assistance to facilitate reimbursement of funds expended by the Client for the unauthorized release case. As the Contract has expired, this SSC1 is a continuation of the previously contracted work. OBJECTIVE The objectives of this scope of services are to: • Properly destroy the Site monitoring wells under permit; and • Assist the Client in preparing and submitting a claim application to the Cleanup Fund for reimbursement of funds expended by the Client for the unauthorized release case at the Site SCOPE OF SERVICES The following task is added to the scope of services for the project to meet the objective. MONITORING WELL DESTRUCTIONS Task VIII: Preparation for Fieldwork Preparation of a Health and Safety Plan A health and safety plan for work conducted at the Site and workers within the "exclusion zone" is required pursuant to the regulations found in 29 Code of Federal Regulations (CFR) Part City of National City Project Number: 01 21 31 1 3.00 December 14, 2015 Proposal and Contract Amendment Page 3 of 6 SCS ENGINEERS 1910.120 and California Code of Regulations, Title 8, Section 5192. The health and safety plan (Plan) created previously will be updated to reflect the currently proposed work scope, and outline the potential chemical and physical hazards that may be encountered during the drilling activities. The appropriate personal protective equipment and emergency response procedures for the anticipated site -specific chemical and physical hazards will be detailed in this updated Plan. SCS and contracted personnel involved with the proposed field work will be required to read and sign this document in order to encourage proper health and safety practices. Preparation of a Traffic Control Plan and Encroachment Permit All seven existing monitoring wells at the Site are located within the City of National City (City) rights -of -way (three wells are located in the street, and four are located in the sidewalk). It is our understanding that destruction of these wells will require a traffic control permit and construction permit from the City. The existing traffic control plan for the Site will be submitted to the City, along with a construction permit application. In addition, SCS will retain the services of a traffic control company to implement the traffic control plan. Preparation and Submittal of Monitoring Well Destruction Permit Application Pursuant to the requirements of the DEH, SCS will submit the necessary monitoring well destruction permit application and the appropriate fees to the DEH. The permit application will reflect the appropriate backfilling protocol, and will be signed by a state of California Professional Geologist. Utility Search and Mark Out SCS will notify Underground Service Alert (USA), as required by state law prior to commencement of field operations. This procedure is designed to minimize the likelihood of drilling into a subsurface utility. During a recent Site visit, SCS was unable to locate 2 of the 3 wells located in the street (MW-7 and MW-9). "Patches" of contrasting asphalt were observed in the approximate locations in which the two wells were mapped. SCS searched through the DEH file for the Site and did not see any record of abandonment for these wells. Based on our experience, it's likely that the wells are still present and have been covered with asphalt during street resurfacing. In addition, after a good faith effort, SCS was unable to locate well MW1 during monitoring and sampling activities in 2004. MW1 was reportedly installed by CTE in 1992, before the Site was redeveloped to its current configuration as a police station in 1993. After careful review of the DEH file for the Site, no record of abandonment of well MW1 was located; however, the well is currently covered with concrete, so no pathways to the subsurface exist, and MW1 was effectively destroyed when the Site was redeveloped in 1993. In a telephone call on April 24, 2014, Neil Sering of the DEH concurred with SCS regarding well MW-1. He requested that we make another effort to locate well MW-1 during abandonment of the other wells at the Site. If the well cannot be located, the DEH will consider the well properly abandoned. City of National City Project Number: 0 1 2 1 3 1 1 3.00 December 14, 2015 Proposal and Contract Amendment Page 4 of 6 SCS ENGINEERS Therefore, SCS will retain a private utility locating service prior to commencement of field operations to confirm whether the three above noted wells are still present and verify their locations, as well as to clear a well located next to an electrical box in the sidewalk on the northwest corner of National City Boulevard and Civic Center Drive. This Revised Proposal and Contract Amendment assumes the abandonment of a total of 7 wells. If the number of wells present at the Site is found to differ based on results of the utility/well locating activities, the cost will be adjusted accordingly with Client approval. Subcontractor Management The appropriate subcontractor services will be obtained, such as drilling, sample testing, and any other required contractor services. This also includes time to coordinate and manage subcontractors such as the drilling contractor, secure the necessary specialized equipment, and prepare for field mobilization. Task IX: Well Destruction Monitoring wells MW2A, MW4, MW5, MW6, MW6, MW7, and MW9 will be destroyed in accordance with DEH guidelines. The well casings and annular well materials will be over - drilled with an appropriate drill rig. These materials (grout, bentonite, sand filter pack, ground up well casing if present) will be placed in 55-gallon drums and left on -site pending disposal. After the well casing and annular materials have been removed from each location, the boring will be backfilled with bentonite grout, and patched with either concrete or asphalt hot patch to match the surrounding surface in accordance with City of National City requirements. Please note that for budget estimation purposes, we have assumed that the destruction of the wells will require Level D personal protective equipment. During well destruction activities an exclusion zone will be set up around the work area and supervision of field work will be conducted by qualified SCS personnel. For budget purposes it is assumed that the well destruction activities will be completed in three days. Based on conversations with the Client, SCS understands that State prevailing wages rates apply to this project. Therefore, all work conducted at the Site will be in general accordance with the rates and requirements of State prevailing wage. Task X: Disposal of Drilling Waste Waste material generated by the well destruction activities will be placed in appropriate 55-gallon drums, labeled, and left on -site pending disposal. The disposal of the waste material will be dependent upon the concentrations of petroleum hydrocarbons encountered in the borings. Limited soil sampling and analysis is included as is necessary to provide information for proper profiling of the waste. It is anticipated that the soil cuttings will be disposed of at an off - site treatment facility as non -hazardous waste. For budgetary purposes, we have assumed that a total of 12 drums of soil will be produced during the well destruction activities. By approval of this SSC1 Client authorizes SCS to sign Non -Hazardous Waste Manifests as Client's agent unless otherwise notified by Client. City of National City Project Number: 01213113.00 December 14, 2015 Proposal and Contract Amendment Page 5 of 6 SCS ENGINEERS Task XI: 60-Day Report Preparation SCS will prepare a 60-day drilling report and submit the report to the DEH as required. TASK XII: CALIFORNIA UNDERGROUND STORAGE TANK CLEANUP FUND (CLEANUP FUND) ASSISTANCE SCS will assist in preparing and submitting a claim application to the Cleanup Fund. This involves the following: • Researching prior Site ownership • Researching UST information • File Review (if necessary) of San Diego County Department of Environmental Health (DEH) and/or Fire Department files to locate any and all permit information not available online. • Researching prior environmental information pertaining to the Site • Preparing a chronology of work done at the Site • Preparing an estimate of corrective action costs incurred, and those yet to be incurred • Working with the Client to provide the required taxes and employee information to complete the application • Follow up with the DEH and/or the Client regarding historic environmental reports as necessary • Follow up with the Client and/or Cleanup Fund to ensure all questions have been answered and all required documentation has been submitted for their review of the claim • Follow up with the Cleanup Fund to provide additional documentation as necessary (after their review of the initial application submittal). • Please note the above Services described in this proposal are considered regulatory technical assistance costs (RTAC). The Cleanup Fund reimburses up to a maximum of $3,000.00 in eligible RTAC per claim. • Note that the UST Cleanup Fund deductible is generally $5,000-$10,000 for a Class B Claimant. City of National City Project Number: 01213113.00 December 14, 2015 Proposal and Contract Amendment Page 6 of 6 SCS ENGINEERS ESTIMATED BUDGET AND SCHEDULE The SCS team stands ready to begin this project immediately upon receipt of this executed Amendment. The well destructions and associated reporting can be completed within 45 working days. Task Cost Task I (Preparation for Fieldwork) $3,910 Task II (Well Destruction) $31,475 Task III (Drum Disposal) $2270 Task IV (60-Day Report) $470 Task V (California Underground Storage Tank Cleanup Fund Assistance) $1,500 TOTAL ESTIMATED COST $39,625 Project Contingency $1,981 THE TOTAL ESTIMATED TIME AND MATERIALS COST FOR THE ACTIVITIES DESCRIBED HEREIN 1S $39,625*. *Please allow for a 5 percent project contingency for changed site conditions or unanticipated project circumstances. Compensation described herein shall be subject to renegotiation if authorization to proceed has not been given within 30 days of the date of the Amendment. We propose to perform our services, and invoice, in accordance with the previously executed consulting agreement and the subsequent agreement amendment and the attached Conditions of Service. If we may assist you in any way, please do not hesitate to call our office at (858) 571-5500. We look forward to working with you on this important project. Sincerely, Alissa Barrow, EIT Staff Professional SCS ENGINEERS Enclosures AB Vice Pr SCS E F:AProjects\213\101-200\01213113 (National City)\Proposal and Contract Amendment\01213113.00.Revised.Proposal and Contract Amendment.doc City of National City Project Number: 01 2131 13.00 March 11, 2015 Proposal and Contract Amendment CONDITIONS OF SERVICE This SSCI is based on, but not limited to, the following conditions: GENERAL CONDITIONS SCS ENGINEERS • Unscheduled delays due to rain, underground obstructions, additional regulatory compliance, additional work requests, and the like may result in additional costs. • Restrictions on the hours when work can be performed do not impact the proposed work progress. • No hazardous concentrations of chemicals will be encountered during the field program which will require immediate remedial activities. • The California Code of Regulations (CCR), Title 23, will serve as basis for procedures and guidelines, when appropriate, during the course of this investigation. In addition, Title 22 CCR will serve as the reference for determining what is a hazardous waste(s). • We would be pleased to perform services in addition to those described in this proposal. However, additional services that are requested that are not specifically outlined in this proposal will be billed to the Client as an additional cost on a time and materials basis per our Fee Schedule contained herein. We also respectfully request written notification of any additional tasks that you desire us to perform. CLIENT SERVICE SUPPORT • The Client will provide ready access to the Site for field investigation purposes and access to water and power, if required. • The Client is responsible for the storage of any soil and waste generated at the Site during the field activities. Environmental Consultants and Contractors 8799 Balboa Avenue Suite 290 San Diego, CA 92123 858 571-5500 FAX 858-571-5357 www.scsengineers.com SCS ENGINEERS SCS ENGINEERS SAN DIEGO FEE SCHEDULE (Effective April 1, 2015 through September 30, 2016) Rate/Hour Clerical 72 Administrative/Secretarial 74 Technician 80 Senior Engineering Technician 82 CADD Drafter 86 Designer/Drafter 88 Office Services Manager/Project Administrator 88 Technical Editor 92 Associate Staff Professional 92 Project Analyst 100 Office Services Manager/Senior Project Administrator 105 Staff Professional I 105 Staff Professional II 113 Project Professional I 120 Project Professional II 128 Construction Superintendent 123 Laboratory Manager 133 Senior Project Professional I 146 Senior Project Professional II 156 Certified Safety Professional 169 Certified Environmental Manager 169 Certified Industrial Hygienist 169 Project Manager I 169 Project Manager II 179 Senior Project/Technical Manager 198 Project Director 218 Principals See Note 7 General Terms 1. Scheduled rates are effective through March 31, 2016. Work performed thereafter is subject to a new Fee Schedule. 2. Scheduled labor rates include overhead, administration, and profit. Costs for outside consultants and subcontractors, equipment/supplies, and for job -related employee travel and subsistence, are billed at actual cost plus a 15 percent administrative fee. 3. Charges for SCS field equipment and instruments will be in accordance with SCS's Field Equipment Rental Rates Schedule in effect at the time the work is performed. Company Offices Nationwide (CA -ES) 0 SCS ES Project Fee Schedule April 1, 2015 Page 2 trucks are charged at $50 for up to a half day (4 hours) of use, and $100 for up to a full day (company cars at $40/$80). These charges incorporate an allowance of 100 miles per job per day; a $0.30 per mile surcharge is applied for additional miles. Vehicle charges for long-term and/or high -mileage projects may be negotiated on a case -by -case basis. 4. Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge of 1.5 percent per month on the unpaid balance. 5. Payment of SCS invoices for services performed will not be contingent upon the client's receipt of payment from other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney's fees, incurred by SCS in collecting any amounts past due and owing on client's accounts. 6. For special situations such as expert court testimony and limited consultation, hourly rates will be on an individually negotiated basis and general litigation support will be charged at normal hourly rates. 7. Hourly rates for Principals will be on an individually negotiated basis. Typically, these rates are $245/hour for Vice Presidents and other Principals and $290/hour for Senior Vice Presidents and Senior Executives. 8. Per diem will be charged on all projects requiring overnight stays from our office. The per diem rate is $175.00 per day per person or the federal per diem rate for the area, whichever is greater. 9. Overtime will be charged at 125 percent of standard rates for weekday work in excess of 8 hours. Work performed on holidays and weekends will be charged at 150 percent of standard rates. Offices Nationwide (CA -ES) A� a® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/25/2015 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA CONTACT PHON: (AICNNo.Ext): (866) 283-7122 FA.No.): 800-363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURER A: Zurich American Ins Co 16535 INSURERS: American Guarantee & Liability Ins Co 26247 INSURER C: Steadfast Insurance Company 26387 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570057118025 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYL POLICY EXP MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL0011277800 03/31/2015 03/31/2016 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RI'(v ItiD PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10, 000 PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4 , 000, 000 X POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $4 , 000, 000 OTHER: A AUTOMOBILE LIABILITY BAP 0112780-00 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY ( Per person) ALL OWNED SCHEDULED A NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) B X UMBRELLA LIAB X OCCUR AUC011285600 03/31/2015 03/31/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5 , 000, 000 DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY wc011277900 04/01/2015 04/01/2016 " PEATUTE OTH- ER ANY PROPRIETOR / PARTNER / EXECUTIVE Y / N N N I A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Env Prof (E&0) IPR379235300 Prof/Poll Liab SIR applies per policy terns 03/31/2015 & condi-ions 03/31/2016 Each Claim Aggregate $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SCS Job No. 90000016.01 Task 0004, Police Station, 1200 National City Boulevard. The City of National City its elected officials, officers, agents and employees are included as Additional Insured with respect to the General Liability and Automobile Liability policies; and granted a Waiver of subrogation for workers' Compensation policy, as required by written contract, but limited to the operations of the Insured under said contract. CERTIFICATE HOLDER CANCELLATION Holder Identifier : ACF 570057118025 Certificate No City of National city Attn: Elena Amaya 1243 National City Boulevard National City CA 91950 USA 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 elan WAX,. ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH® Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 0112778-00 03/31/2015 03/31/2016 03/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Address (including ZIP Code): 3900 Kilroy Airport Way, Ste. 100, Long Beach, CA 90806 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: BAP 0112780-00 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Endorsement Effective Date: 04/01/2015 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/01/2015 Policy No. WC 0112779-00 Insured: Steams, Conrad and Schmidt, Consulting Engineers, Inc. Insurance Company: Zurich American Insurance Company WC124 (4-84) WC000313 Endorsement No. Premium $ Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform FormsTA4 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on: 04/01/2015 Policy No. WC 0112779-00 of the: Zurich American Insurance Company at 12:01 A.M. standard time, forms a part of Endorsement No. issued to: Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Premium (if any) $ 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.) 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 pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk STEARNS, CONRAD AND SCHMIDT dba SCS ENGINEERS Destruction of Groundwater Monitoring Wells and Cleanup Fund Assistance Judy Hernandez (Engineering & PW) Forwarded Copy of Agreement to Stearns, Conrad and Schmidt dba SCS Engineers