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HomeMy WebLinkAbout2017 CON SCST Inc - On-call Project Support Services CIP ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCST, INC. THIS AGREEMENT is entered into on this 20th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SCST, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the CITY has determined that the CONSULTANT 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 agrees to engage the CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP), 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 June 20, 2017. The duration of this Agreement is for the period of June 20, 2017 through June 19, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical, soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 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. 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. Emil Rudolph, P.E., Project Manager, 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 $500,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, 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 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 Standard Agreement Page 2 of 11 Revised May 2017 SCST City of National City and 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 Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. 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. 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 Standard Agreement Page 3 of 11 Revised May 2017 SCST City of National City and 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. 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 SCST 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers 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. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 11 Revised May 2017 SCST City of National City and 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 Labor 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, employees, and volunteers 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 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, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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. 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, officials, 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) Standard Agreement Page 6 of 11 Revised May 2017 SCST City of National City and days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. 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 Standard Agreement Page 7 of 11 Revised May 2017 SCST City of National City and 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. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 City of National City and Revised May 2017 SCST To CONSULTANT: Emil Rudolph, P.E. Project Manager SCST, Inc. 6280 Riverdale 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. 21. 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 Section 21 by the CONSULTANT. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts 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. 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 Standard Agreement Page 9 of 11 Revised May 2017 SCST City of National City and 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. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 Standard Agreement Page 10 of 11 Revised May 2017 SCST City of National City and has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones ity Attorney By: Roberte6 M. Contreras Deputy City Attorney SCST, INC By: Neal W. Clements, Owner By: J Kirschba , Managing Partner Standard Agreement Page 11 of 11 City of National City and Revised May 2017 SCST EXHIBIT "A" 1. COVER LETTER March 6, 2017 Stephen Manganiello Director of Public Works/City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 SCST, Inc. 6280 Riverdale Street San Diego, CA 92120 619.280.4321 877.215.4321 619.280.4717 www.scst.com SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ) FOR ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP) Dear Mr. Manganiello, In accordance with your request, SCST, Inc., (formerly Southern California Soil & Testing, Inc.) is pleased to present our qualifications to provide Geotechnical Services (including soils and materials testing) as well as Engineering Geology and Observation/Inspection services on an on -call basis for the City's $60 million Capital Improvement Program. Established in 1959, SCST, Inc. is a professional services firm providing comprehensive geotechnical and materials testing, special inspection, and engineering services for almost 60 years. We are a Disabled Veteran Business Enterprise (DVBE) certified through the State of California, and a Service -Disabled Veteran -Owned Small Business (SDVOSB). We currently work with the City, and would feel privileged to continue our working relationship, providing effective solutions and the outstanding support you are accustom to receiving from SCST to successfully complete every project where we are involved. FIRM BACKGROUND Having been headquartered in San Diego since 1959, we are one of the most established full service geotechnical engineering, soils and materials testing, and inspection firms in San Diego County. Having been headquartered in the County for 57 years, we have worked with almost every city in the county, as well as the County of San Diego, and most of the other regional municipal agencies. We employ over 140 staff members, including skilled geotechnical engineers, civil and environmental engineers, environmental scientists, engineering geologists, multi-credentialed inspectors and technicians, and the appropriate management systems and support personnel committed to providing our clients with high quality and tailored services. The majority of our inspectors and technicians are multi-credentialed personnel trained and licensed by various local, state, and national regulating agencies, including the International Code Council (ICC), Division of the State Architect (DSA), Caltrans, American Concrete Institute (ACI), and the American Welding Society (AWS). Our laboratories are certified by various regulatory agencies including the Division of the State Architect (DSA), American Society for Testing and Materials (ASTM), AASHTO Material Reference Laboratory (AMRL), Caltrans, Cement and Concrete Reference Laboratory (CCRL), and the US Army Corps of Engineers. UNIQUE ATTRIBUTES / DISTINGUISHING CHARACTERISTICS Advantages to utilizing SCST's team to provide geotechnical, soils and materials testing, and inspection services include: We consistently provide exceptional client service. Our San Diego Laboratory is 9 miles from the City's offices, which helps SCST to provide the rapid response you have received in the past. Our demonstrated ability to provide the support necessary to ensure projects are delivered successfully is illustrated in Section 5, Experience and Technical Competence, Letter c. Geotechnical Engineering + Environmental Science & Engineering + Special Inspection & Materials Testing + Facilities Consulting 1. COVER LETTER SCST has implemented Agile Frameworks MetaField® V2.6 software, for efficient field reporting and testing, allowing us to upload daily reports and testing results to a central database from the field via cell phone. Reports can then be reviewed by the Project Manager, digitally signed, and posted to a private client portal, where the report and entire project history can be reviewed and/or retrieved 24/7 by the client. Our dedication to providing the highest quality services demonstrated by our reference information in Section 5, Experience and Technical Competence, Letter c. Our 57 years of knowledge of and experience in San Diego County gives us the unique ability to understand the conditions and restrictions surrounding the City, which aids in resolution of any issues encountered during construction, and the successful execution of your projects. KEY PERSONNEL / STAFF Emil Rudolph, a State of California Registered Professional Engineer and Geotechnical Engineer, will serve as SCST's Project Manager. He has over 20 years of experience providing supervision and oversight of all relevant services, and has been working with the City of National City on our current contract. Emil is extremely knowledgeable in regards to local, regional, state, and federal regulations, and with the processes and procedures for the City. His duties will include oversight of geotechnical engineering, review of construction plans and specifications, attending jobsite meetings, selection and supervision of project staff, overseeing implementation of Quality Assurance programs, monitoring and managing the project budget, and reviewing and reporting test results. SUMMARY SCST is in receipt of RFI's 1-6 from the City's website dated March 2, 2017, attached on the following pages. We understand a schedule of fees is not to be provided at this time per page 8 of this RFQ. If SCST is selected by the City base upon our qualifications, a fee schedule in compliance with Section IX. H of this RFQ will be provided as part of the contract negotiations. Should you have any questions or require additional information, you can contact Emil Rudolph, PE, GE. He is the person responsible for primary communications with the City regarding this qualifications package, and can be reached via cell phone at 619.538.2217, at the office at 619.280.4321, or via email at erudolph@scst.com. SCST appreciates this opportunity to continue to provide professional services to the City of National City, and we look forward to continuing our working with the City in the near future. Respectfully Submitted, SCST, Inc. Emil Rudolpla(PE, GE Thomas Hi'ggir4l3'atham (Higgy) Project Manager, Principal Engineer -- CALIFORNIA -- NATIONAL ti'IT 13J'J MCORPORAl Fll Assistant Project Manager RFQ On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal Number 17-0057 11c Sp 2. EXECUTIVE SUMMARY This executive summary will give a brief overview of our entire Statement of Qualifications package. In submitting this package, SCST would like the City to know how fortunate we feel to have partnered with the City of National City over the past several years to aid in the construction of various projects under the City's Capital Improvement Program (CIP). Having worked with the City in an on -call capacity for over five years, we feel we have a unique understanding of how the City works, of it's CIP, and of the City's needs and requirements. We understand the value of communication with the City and it's project teams, and the importance of delivering a project on time and under budget. All of this gives SCST an intimate understanding of the City, aiding us in continuing to help the City meet and exceed its project goals. SCST understands the importance of staffing an on -call contract with exceptional project managers, field staff, laboratory technicians, and administrative aid. We will continue to provide the City with the high-level of service you have received from us over the past few years. In Section 4, Team Organization and Key Personnel, we outline our staffing plan and provide you with the resumes of our proposed team during this contract. In addition, we have included an organizational chart illustrating our complete staffing capacity. We are located approximately 10 minutes from the City offices, and have staff who live in the surrounding areas, making staffing City projects a simple process. We have the experience and technical competence to provide the services the City requires during design and construction phases for a project. We have been providing geotechnical engineering, soils and materials testing, geology, earthwork observation, and special inspection services in and around the National City area for 57 years. We understand the local environment; have knowledge of the appropriate regulations, design standards, and best practices; and will provide you with a local, well qualified, and experienced Project Manager. We have worked on projects similar in size and scope to the projects in the City's CIP, including streets, sewers, storm drains, ADA compliance, lighting, parks, recreation centers, city buildings, and in -fill housing projects. This has all been illustrated in Section 5, Experience and Technical Competence. Our project approach is designed to aid the City in accomplishing its goals. We have a time tested way in which we approach each project, but will customize that approach as necessary for specific projects. Because we understand this is a major part in keeping a project running on schedule, and within budget, SCST pays a great deal of attention to crafting our approach to aid in that process. We have outlined our approach in Section 6, Methods Proposed to Accomplish Work. •- CALIFORNIA -.. NATIONAL CITy RFQ On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal Number 17-0057 S T SDVOSB.DVBE EXHIBIT "B" SCST, Inc. - City of National City Schedule of Fees for Professional Services — California Prevailing Wage — San Diego Effective June 1, 2017 SCST. lnc. Corporate Headquarters 6280 Riverdale Street San Diego, CA 92120 877 215_4321 619..280_4321 619.280.4717 w'ww.scsl`_com PROFESSIONAL SERVICES Professional (Engineering, Geology, Environmental) Principal Professional $174 Senior Professional 155 Project Professional 115 Staff Professional 99 Drafter 77 Technician & Inspector Quality Control Specialist $92 Lab Technician 77 Building Inspector 92 DIR Group 1 Technician 98 DIR Group 2 Inspector 99 DIR Group 3 NDT Technician 104 Coring Technician and Equipment 126 Project Management Project Manager $155 Assistant Project Manager 115 Administrative Assistant 60 Travel and Miscellaneous Pick Up $48/trip Travel Time Hourly Rate Per Diem (variable, depending on location) Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq 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 Rush Surcharge normal rate plus 50% Quote Quote LABORATORY TESTS Soil and Aggregate Absorption Coarse Aggregate (Ca1 206, ASTM C127) $38 Absorption Fine Aggregate (Cal 207, ASTM C128) 38 California Bearing Ratio includes Max Density Method C (ASTM D854) 618 California Impact (Cal 216) 206 Chloride Ion Testing (Cal 422) 150 Clay Lumps in Aggregate/Per Size (ASTM C142) 150 Cleanness Value — 1" and Smaller (Cal 227) 200 Cleanness Value — Larger than 1' (Ca1 227) 225 Consolidation (ASTM D2435) 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 187 Crushed Particles/Size (Ca1 205, ASTM D693) 121 Direct Shear (ASTM D3080) 208 Durability Factor (Ca1 229, ASTM D3744) 97 Geeteckniw! cngineerin,- Soil and Aggregate - Continued Durability Index (Ca1 229, ASTM D3744) $224 Expansion Index (ASTM D4289) 177 Fine Aggregate Angularity (AASHTO T304) 200 Fineness Modulus (ASTM C136) 24 Flat & Elongated Pieces/Size (ASTM D4791) 175 Light Weight Pieces (ASTM C123) 175 Liquid Limit (Cal 204, ASTM D4318) 58 Los Angeles Abrasion — larger than 1 in" (Cal 211, ASTM C535) 237 Los Angeles Abrasion —1 in" and smaller (Cal 211, ASTM C131) 224 Maximum Density Check Point (ASTM D698/D1557) 88 Maximum Density/Optimum Moisture - 4" (ASTM D1557) 200 Maximum Density/Optimum Moisture - 4" (ASTM D698) 200 Maximum Density/Optimum Moisture - 6" (ASTM D1557) 220 Maximum Density/Optimum Moisture - 6" (ASTM D698) 200 Minimum Density (ASTM D1556) 74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) 35 Natural Density —Chunk Sample (ASTM D2937) 41 Natural Moisture/Density Ring or Core Sample (ASTM D2937) 35 Organic Impurities (Ca1 213, ASTM C40) 90 Organic Matter (ASTM D2974) 75 Percent Finer than #200 (ASTM C117, ASTM D1140) 70 Permeability Remold Sample includes Maximum Density (ASTM D2434) 400 Permeability Remold Sample includes Maximum Density (ASTM D5084) 560 Permeability Undisturbed Sample (ASTM D5084) 360 Petrographic Analysis (Ca1 215, ASTM C295) Quote pH & Resistivity (Cal 643, ASTM G51) 126 Plastic Limit (Cal 204, ASTM D4318) 69 Plasticity Index (Cal 204, ASTM 4318) 127 Potential Reactivity (ASTM C289) 220 Residual Shear (ASTM D6467) 442 Rock Correction (ASTM D4718) 26 R-Value (Cal 301, ASTM D2844) 276 Sand Equivalent (Cal 217, ASTM D2419) 88 Sieve Analysis (Cal 202, ASTM C136, ASTM D422) 90 Sieve Analysis Pit Sample (Cal 202, ASTM C136) 128 Sieve Analysis with Hydrometer (Ca1 203, ASTM D422) 200 Soil Cement Compression Strength (Cal 312, ASTM D1633) 50 Soil Cement Cylinder Fabrication (Ca1 312, ASTM D1632) 100 Soluble Chlorides (Ca1 422) 62 Soluble Sulfate (Cal 417) 62 Soundness 5 Cycles/Size (Cal 214, ASTM C88) 120 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127) 69 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) 74 Triaxial Shear Consolidated-Undrained (ASTM D4767) 330 Triaxial Shear Unconsolidated-Undrained (ASTM D2850) 150 Triaxial Staged Consolidated-Undrained (ASTM D4767) 420 Triaxial Staged Unconsolidated-Undrained (ASTM D2850) 210 Unconfined Compression (ASTM D2166) 162 Unit Weight Aggregate (Cal 212, ASTM C29) 80 Asphalt Concrete Asphalt Conformance Testing Full (inc. % Bitumen, SA Extracted, (2) Hveem, Maximum Theoretical, (2) Stabilometer Value) $833 Asphalt Conformance Testing Modified (inc. % Bitumen, SA Extracted, (2) Hveem) 465 Asphalt Core Specific Gravity (Cal 308, ASTM D2726) 58 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) 74 Emulsion Content (CTM 382) 178 Film Stripping (Cal 302) 178 Gyratory Compacted Plug (AASHTO T312) 133 Hamburg Wheel -Plant Produced HMA (AASHTO T324/Cal-Trans Section 39) 900 Hveem — Maximum Bulk Specific Gravity (Cal 308) 133 Asphalt Concrete - Continued Hveem & Stabilometer Value (Ca1 366) $168 Ignition Oven Correction Factor (AASHTO T308) 500 Marshal Density, Stability & Flow (ASTM D6927) per plug 168 Marshal Density (ASTM D6926) per plug 133 Moisture Content of Asphalt Mixtures Using Microwave (Ca1 370) 50 Moisture Vapor Susceptibility (Cal 307) 259 Optimum Bitumen Content (Cal 367) 3,100 Percent Bitumen Asphaltic Concrete (Ca1 382, ASTM D6307) 183 Residue by Evaporation (Cal 331) 178 Rice - Maximum Theoretical Specific Gravity AC (Ca1 309, ASTM D2041) 133 Sieve Analysis — Extracted Aggregate (Ca1 382, ASTM D5444) 89 Stability and Flow (ASTM D1559) 147 Stabilometer Value (Ca1 366) 147 Superpave Aggregate Qualities (Standard Cal -Trans Section 39 Requirements) 1,050 Superpave Mix Design -No RAP testing or Aggregate Qualities (AASHTO R35/Cal-Trans Section 39) 6,700 Superpave RAP Testing -Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) 5,700 Superpave RAP Testing -Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) 2,850 Swell Asphalt Concrete (Cal 305, ASTM D1561) 147 Tensile Strength Ratio -Plant Produced HMA (AASHTO T283) 900 Wet Track Abrasion (ASTM D3910) 285 Concrete 2X2 Cube Compression $27 Concrete Core Compression (ASTM C42) 59 Concrete Cylinder Compression (Ca1 521, ASTM C39) 27 Flex Beam Modulus of Rupture (Ca1 523, ASTM C78) 74 Modulus Elasticity (Cal 522, ASTM C469) 261 Shotcrete Mockup Panel (ASTM C1140) 1,040 Shotcrete Panel, 3 Cores — Compression (CBC) 290 Shrinkage -Hardened Concrete (ASTM C157 - Modified) 371 Split Tensile, Concrete Cylinder (ASTM C496) 74 Time of Set (ASTM C403) 200 Trial Batch Beam (Cal 523, ASTM C192) 69 Trial Batch Concrete Cylinder (Cal 521, ASTM C192) 38 298 Unit Weight, Hardened Concrete (ASTM C642) 45 Unit Weight, Lightweight Concrete (ASTM C567) 59 Masonry Absorption Block (ASTM C140) $38 Compression Adobe 52 Compression Block, Standard (ASTM C140) 50 Compression, Brick (ASTM C67) 38 Efflorescence Block 59 Efflorescence, Brick (ASTM C67) 45 Grout Prism Compression (ASTM C1019) 27 Masonry Core Compression (ASTM C42) 51 Masonry Core Shear (CBC 2105A.4) 92 Masonry Prism Compression (ASTM E447) 149 Mortar Bond Strength — Pull Test (ASTM C482) 62 Mortar Cylinder Compression 27 Mortar Shear Strength (ANSI 118) 53 Relative Mortar Strength (Cal 515) 53 Shrinkage — Masonry Block (ASTM C426) 252 Trial Grout Prisms (ASTM C942) 38 Water Retention and Air Content (ASTM C270) 468 Trial Batch Fabrication (ASTM C192) Metal Bend Test, Reinforcing Steel (ASTM A615) $45 Bend Test, Structural Steel (ASTM A370) 60 Bolt Assembly — Hardness Test 74 Bolt Assembly — Tensile & Proof Load Test 74 Modulus of Elasticity (Steel) 146 Post -Tension Tendon Tensile Testing 185 Tensile Strength #3 - #8 Bar (ASTM A615/A706) 74 Tensile Strength #9 - #11 Bar (ASTM A615/A706) 90 Tensile Strength #14 - #18 Bar (ASTM A615) Quote Tensile Strength - Mechanical Splices #9 and Smaller (Ca1 670) 185 Tensile Strength - Mechanical Splices #10 to #14 (Ca1 670) 250 Tensile Strength - Mechanical Splices #18 (Ca1 670) Quote Tensile Strength, Structural Steel (ASTM A370) 121 Fire Proofing Density Test (ASTM E605) $69 Miscellaneous Fiber Reinforced Polymer, Tensile (ASTM D3039) 520 Rebound Hammer 40/hr Material Preparation 40/hr Relative Humidity Test (ASTM F2170) 40/kit Concrete Vapor Emission Kits (ASTM F1869) 36/kit Test Chamber and Water Spray Rack (ASTM E1105) 275/hour Miscellaneous Charges Various Default Expense Various TERMS AND CONDITIONS All field services will be charged from portal to portal with the following minimum charges: • A two-hour show -up charge will be applied to any service canceled the same day of service. • A two-hour minimum charge will be applied to all field services. • A four-hour charge will be applied to all field services requiring between two and four hours of work. • A six -hour charge will be applied to all field services requiring between four and six hours of work. • An eight -hour charge will be applied to all field services requiring between six and eight hours of work. • Work in excess of eight hours up to twelve hours in a single day, will be charged in one -hour increments at 1.5 times the 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. 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: SCST 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: equipment rental, subcontractors, administrative time, etc. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule will be charged at cost plus 15 percent. Per Diem 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 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. 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 services provided by SCST for this project subject to state or federal prevailing wage requirements be subject to mandated wage increases, SCST reserves the right to request fair compensation for those increases calculated in accordance with good business practice. Celebrating more than 50 Years in Southern California ACORO"' CERTIFICATE OF LIABILITY INSURANCE `------ DATE(MM/DD/YYYY) 6/5/2017 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 CONTACT Certificate Department PHONE 619-744-0574 FAX 619-234-8601 (AIC, No, �r (A/C Nor E-MADDRESS: certiflcateS@cavignac.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Travelers Indemnity Co of Conn 25682 INSURED SOCALIF-01 SCST, Inc. (fka Southern California Soil & Testing, Inc.) 6280 Riverdale Street San Diego CA 92120 INSURER B :Travelers Property & Casualty Compa 25674 INSURERC:Berkley Insurance Company 32603 INSURER D INSURER E : INSURER F : COVERA • 317 • 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y 6806H774251 1/30/2017 1/30/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES(Eaoccurrence) $1,000,000 X Cross Liab Inc! MED EXP (Any one person) $10,000 X Sev of Int Inc' PERSONAL & ADV INJURY $1,000,000 GEN'L X AGGREGATE POLICY OTHER: X LIMIT APPLIES JE 0 X PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 Deductible $$0 B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED Y BA9D791479 1/30/2017 1/30/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident ) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE CUP4194T088 1/30/2017 1/30/2018 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 DED X RETENT ON $0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) IfEs, describe under DE.L. DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ DISEASE - POLICY LIMIT $ C Professional Laibility AEC901494600 1/30/2017 1/30/2018 Each Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: On -Call Project Support Services for National City's Capital Improvement Program (CIP). Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City, its elected officials, officers, agents, employees and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950-4397 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No. BA9D791479 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while CA T4 20 07 10 H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: ©2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy No, BA9D791479 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) Alt reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION 1— COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 3 (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION I11 — PHYSICAL DAMAGE COVERAGE: (5) Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. © 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy No. BA9D791479 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and CAT4200710 COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. ©2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number. 6806H774251 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 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. g• CG D3 81 0915 h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission RESOLUTION NO. 2017 — 135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH SCST, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL, SOILS AND MATERIALS TESTING; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical, soils and materials testing; and WHEREAS, 51 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends SCST, Inc., for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical, soils and materials testing; and WHEREAS, the City has determined that SCST, Inc., is qualified by experience and ability to perform the services desired by the City, and SCST, Inc., is willing to perform such services for the not to exceed amount of $500,000 from June 20, 2017 through June 19, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of SCST, Inc., and authorizes the Mayor to execute an Agreement with SCST, Inc., in the not to exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical, soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute any project -specific supplemental agreements as may be required for grant funded projects. [Signature Page to Follow] Resolution No. 2017 — 135 Page Two PASSED and ADOPTED this 20th day of June, 2017. ATTEST: /1 Michael R. Dalla, y Clerk on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 20, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ri1/4j1(6 City erk of the City of N tional City, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-135 of the City of National City, California, passed and adopted by the Council of said City on June 20, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 3-7 MEETING DATE: June 20, 2017 AGENDA ITEM NO. 45 TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a two-year Agreement with SCST, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are appropriated in various CIP accounts for FY 2017; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with SCST, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution fao‘,A- v' Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Approximately $67 million (or 84%) is available through traditional funding sources and existing grant awards. The City will need to explore alternative funding options and continue to aggressively pursue competitive grant opportunities to fund the remaining, approximately $13 million in capital needs. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; park amenities; and energy efficiency upgrades to City -owned buildings. In order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services on February 2, 2017. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview and past performance, staff recommends executing a two-year Agreement (with the option to extend for one additional year) with SCST, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical, soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SCST, INC. THIS AGREEMENT is entered into on this 20th day of June, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SCST, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the CITY has determined that the CONSULTANT 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 agrees to engage the CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP), 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 June 20, 2017. The duration of this Agreement is for the period of June 20, 2017 through June 19, 2019. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. Any extension of this Agreement must be approved in writing by the City Council. -1- 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical, soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 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. 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. Emil Rudolph, P.E., Project Manager, 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 $500,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "B". The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, 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 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 Standard Agreement Page 2 of 11 Revised May 2017 SCST City of National City and -2- 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 Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. 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. 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 Standard Agreement Page 3 of 11 City of National City and Revised May 2017 SCST -3- 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. 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised May 2017 SCST -4- 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers 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. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Revised May 2017 Page 5 of 11 City of National City and SCST -5- 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 Labor 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, employees, and volunteers 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 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, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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. 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, officials, 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) Standard Agreement Page 6 of 11 Revised May 2017 SCST City of National City and -6- days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be "City of National City, c/o Risk Manager, 1243 National City Boulevard, National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. 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 Standard Agreement Page 7 of 11 City of National City and Revised May 2017 SCST -7- 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. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 8 of 11 Revised May 2017 SCST City of National City and -8- To CONSULTANT: Emil Rudolph, P.E. Project Manager SCST, Inc. 6280 Riverdale 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. 21. 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 Section 21 by the CONSULTANT. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts 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. 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 Standard Agreement Page 9 of 11 City of National City and Revised May 2017 SCST -9- 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. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 Standard Agreement Page 10 of 11 Revised May 2017 SCST City ofNational City and -10- 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 SCST, INC By: By: Ron Morrison, Mayor Neal W. Clements, Owner By: Kirschbaum, Managing Partner APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 Revised May 2017 SCST City of National City and -11- EXHIBIT "A" 1.COVER LETTER March 6, 2017 Stephen Manganiello Director of Public Works/City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 SCST, Inc. 6280 Riverdale Street San Diego, CA 92120 P 619.280.4321 877.215.4321 F 619.280.4717 1 Y www.scst.com SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ) FOR ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP) Dear Mr. Manganiello, In accordance with your request, SCST, Inc., (formerly Southern California Soil & Testing, Inc.) is pleased to present our qualifications to provide Geotechnical Services (including soils and materials testing) as well as Engineering Geology and Observation/Inspection services on an on -call basis for the City's $60 million Capital Improvement Program. Established in 1959, SCST, Inc. is a professional services firm providing comprehensive geotechnical and materials testing, special inspection, and engineering services for almost 60 years. We are a Disabled Veteran Business Enterprise (DVBE) certified through the State of California, and a Service -Disabled Veteran -Owned Small Business (SDVOSB). We currently work with the City, and would feel privileged to continue our working relationship, providing effective solutions and the outstanding support you are accustom to receiving from SCST to successfully complete every project where we are involved. FIRM BACKGROUND Having been headquartered in San Diego since 1959, we are one of the most established full service geotechnical engineering, soils and materials testing, and inspection firms in San Diego County. Having been headquartered in the County for 57 years, we have worked with almost every city in the county, as well as the County of San Diego, and most of the other regional municipal agencies. We employ over 140 staff members, including skilled geotechnical engineers, civil and environmental engineers, environmental scientists, engineering geologists, multi-credentialed inspectors and technicians, and the appropriate management systems and support personnel committed to providing our clients with high quality and tailored services. The majority of our inspectors and technicians are multi-credentialed personnel trained and licensed by various local, state, and national regulating agencies, including the International Code Council (ICC), Division of the State Architect (DSA), Caltrans, American Concrete Institute (ACI), and the American Welding Society (AWS). Our laboratories are certified by various regulatory agencies including the Division of the State Architect (DSA), American Society for Testing and Materials (ASTM), AASHTO Material Reference Laboratory (AMRL), Caltrans, Cement and Concrete Reference Laboratory (CCRL), and the US Army Corps of Engineers. UNIQUE ATTRIBUTES / DISTINGUISHING CHARACTERISTICS Advantages to utilizing SCST's team to provide geotechnical, soils and materials testing, and inspection services include: We consistently provide exceptional client service. Our San Diego Laboratory is 9 miles from the City's offices, which helps SCST to provide the rapid response you have received in the past. Our demonstrated ability to provide the support necessary to ensure projects are delivered successfully is illustrated in Section 5, Experience and Technical Competence, Letter c. Geotechnical Engineering + Environmental Science & Engineering + Special Inspection & Materials Testing + Facilities Consulting _12_ 1. COVER LETTER SCST has implemented Agile Frameworks MetaField® V2.6 software, for efficient field reporting and testing, allowing us to upload daily reports and testing results to a central database from the field via cell phone. Reports can then be reviewed by the Project Manager, digitally signed, and posted to a private client portal, where the report and entire project history can be reviewed and/or retrieved 24/7 by the client. Our dedication to providing the highest qualityservices demonstrated by our reference information in Section 5, Experience and Technical Competence, Letter c. Our 57 years of knowledge of and experience in San Diego County gives us the unique ability to understand the conditions and restrictions surrounding the City, which aids in resolution of any issues encountered during construction, and the successful execution of your projects. KEY PERSONNEL / STAFF Emil Rudolph, a State of California Registered Professional Engineer and Geotechnical Engineer, will serve as SCST's Project Manager. He has over 20 years of experience providing supervision and oversight of all relevant services, and has been working with the City of National City on our current contract. Emil is extremely knowledgeable in regards to local, regional, state, and federal regulations, and with the processes and procedures for the City. His duties will include oversight of geotechnical engineering, review of construction plans and specifications, attending jobsite meetings, selection and supervision of project staff, overseeing implementation of Quality Assurance programs, monitoring and managing the project budget, and reviewing and reporting test results. SUMMARY SCST is in receipt of RFI's 1-6 from the City's website dated March 2, 2017, attached on the following pages. We understand a schedule of fees is not to be provided at this time per page 8 of this RFQ. If SCST is selected by the City base upon our qualifications, a fee schedule in compliance with Section IX.H of this RFQ will be provided as part of the contract negotiations. Should you have any questions or require additional information, you can contact Emil Rudolph, PE, GE. He is the person responsible for primary communications with the City regarding this qualifications package, and can be reached via cell phone at 619.538.2217, at the office at 619.280.4321, or via email at erudolph@scst.com. SCST appreciates this opportunity to continue to provide professional services to the City of National City, and we look forward to continuing our working with the City in the near future. Respectfully Submitted, SCST, Inc. dig : iditt~ Emil RudolpE, GE omas H ggi � ham (Higgy) Project Manager, Principal Engineer CALIFORNIA -, NATIONAL Ci y �c3o�NCORpORw'i"� Assistant Project Manager RFQ On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal Number 17-0057 -13- o■ ■a 2. EXECUTIVE SUMMARY This executive summary will give a brief overview of our entire Statement of Qualifications package. In submitting this package, SCST would like the City to know how fortunate we feel to have partnered with the City of Nation City over the past several years to aid in the construction of various projects under the City's Capital Improvement Program (CIP). Having worked with the City in an on -call capacity for over five years, we feel we have a unique understanding of how the City works, of it's CIP, and of the City's needs and requirements. We understand the value of communication with the City and it's project teams, and the importance of delivering a project on time and under budget. All of this gives SCST an intimate understanding of the City, aiding us in continuing to help the City meet and exceed its project goals. SCST understands the importance of staffing an on -call contract with exceptional project managers, field staff, laboratory technicians, and administrative aid. We will continue to provide the City with the high-level of service you have received from us over the past few years. In Section 4, Team Organization and Key Personnel, we outline our staffing plan and provide you with the resumes of our proposed team during this contract. In addition, we have included an organizational chart illustrating our complete staffing capacity. We are located approximately 10 minutes from the City offices, and have staff who live in the surrounding areas, making staffing City projects a simple process. We have the experience and technical competence to provide the services the City requires during design and construction phases for a project. We have been providing geotechnical engineering, soils and materials testing, geology, earthwork observation, and special inspection services in and around the National City area for 57 years. We understand the local environment; have knowledge of the appropriate regulations, design standards, and best practices; and will provide you with a local, well qualified, and experienced Project Manager. We have worked on projects similar in size and scope to the projects in the City's CIP, including streets, sewers, stor drains, ADA compliance, lighting, parks, recreation centers, city buildings, and in -fill housing projects. This has all been illustrated in Section 5, Experience and Technical Competence. Our project approach is designed to aid the City in accomplishing its goals. We have a time tested way in which we approach each project, but will customize that approach as necessary for specific projects. Because we understand this is a major part in keeping a project running on schedule, and within budget, SCST pays a great deal of attention to crafting our approach to aid in that process. We have outlined our approach in Section 6, Methods Proposed to Accomplish Work. -+- CALIFORNIA -4. NATIONAL airy 1JJ�J INCORPORR't'>ro RFQ On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal Number 17-0057 -14- S SDVOSB.DVBE EXHIBIT "B" SCST, Inc. - City of National City Schedule of Fees for Professional Services — California Prevailing Wage — San Diego Effective June 1, 2017 PROFESSIONAL SERVICES Professional (Engineering, Geology, Environmental) Principal Professional Rush Surcharge SCST, Inc. Corporate Headquarters 6280 Riverdale Street San Diego, CA 92120 877.215.4321 619.280.4321 619.280.4717 www.scst.com $174 Senior Professional 155 Project Professional 115 Staff Professional 99 Drafter 77 Technician & Inspector Quality Control Specialist $92 Lab Technician 77 Building Inspector 92 DIR Group 1 Technician 98 DIR Group 2 Inspector 99 DIR Group 3 NDT Technician 104 Coring Technician and Equipment 126 Project Management Project Manager $155 Assistant Project Manager 115 Administrative Assistant 60 Travel and Miscellaneous Pick Up $48/trip Travel Time Hourly Rate Per Diem (variable, depending on location) Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code §720, et. Seq Quote 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 normal rate plus 50% LABORATORY TESTS Soil and Aggregate Absorption Coarse Aggregate (Ca1 206, ASTM C127) $38 Absorption Fine Aggregate (Cal 207, ASTM C128) 38 California Bearing Ratio includes Max Density Method C (ASTM D854) 618 California Impact (Ca1 216) 206 Chloride Ion Testing (Ca1 422) 150 Clay Lumps in Aggregate/Per Size (ASTM C142) 150 Cleanness Value — 1" and Smaller (Cal 227) 200 Cleanness Value — Larger than 1' (Ca1 227) 225 Consolidation (ASTM D2435) 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 187 Crushed Particles/Size (Cal 205, ASTM D693) 121 Direct Shear (ASTM D3080) 208 Durability Factor (Ca1 229, ASTM D3744) 97 GeofecknicaI Engineering • En,irc e :a' SciencE & Engineer Soil and Aggregate - Continued Durability Index (Ca1 229, ASTM D3744) $224 Expansion Index (ASTM D4289) 177 Fine Aggregate Angularity (AASHTO T304) 200 Fineness Modulus (ASTM C136) 24 Flat & Elongated Pieces/Size (ASTM D4791) 175 Light Weight Pieces (ASTM C123) 175 Liquid Limit (Ca1 204, ASTM D4318) 58 Los Angeles Abrasion — larger than 1 1/2" (Cal 211, ASTM C535) 237 Los Angeles Abrasion —1 in" and smaller (Cal 211, ASTM C131) 224 Maximum Density Check Point (ASTM D698/D1557) 88 Maximum Density/Optimum Moisture - 4" (ASTM D1557) 200 Maximum Density/Optimum Moisture - 4" (ASTM D698) 200 Maximum Density/Optimum Moisture - 6" (ASTM D1557) 220 Maximum Density/Optimum Moisture - 6" (ASTM D698) 200 Minimum Density (ASTM D1556) 74 Moisture Content (Cal 226, ASTM C566, ASTM D2216) 35 Natural Density —Chunk Sample (ASTM D2937) 41 Natural Moisture/Density Ring or Core Sample (ASTM D2937) 35 Organic Impurities (Ca1 213, ASTM C40) 90 Organic Matter (ASTM D2974) 75 Percent Finer than #200 (ASTM C117, ASTM D1140) 70 Permeability Remold Sample includes Maximum Density (ASTM D2434) 400 Permeability Remold Sample includes Maximum Density (ASTM D5084) 560 Permeability Undisturbed Sample (ASTM D5084) 360 Petrographic Analysis (Ca1 215, ASTM C295) Quote pH & Resistivity (Cal 643, ASTM G51) 126 Plastic Limit (Cal 204, ASTM D4318) 69 Plasticity Index (Ca1 204, ASTM 4318) 127 Potential Reactivity (ASTM C289) 220 Residual Shear (ASTM D6467) 442 Rock Correction (ASTM D4718) 26 R-Value (Cal 301, ASTM D2844) 276 Sand Equivalent (Cal 217, ASTM D2419) 88 Sieve Analysis (Ca1 202, ASTM C136, ASTM D422) 90 Sieve Analysis Pit Sample (Ca1 202, ASTM C136) 128 Sieve Analysis with Hydrometer (Ca1 203, ASTM D422) 200 Soil Cement Compression Strength (Ca1 312, ASTM D1633) 50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) 100 Soluble Chlorides (Ca1 422) 62 Soluble Sulfate (Ca1 417) 62 Soundness 5 Cycles/Size (Ca1 214, ASTM C88) 120 Specific Gravity Coarse Aggregate (Ca1 206, ASTM C127) 69 Specific Gravity Fine Aggregate (Ca1 207, ASTM C128) 74 Triaxial Shear Consolidated-Undrained (ASTM D4767) 330 Triaxial Shear Unconsolidated-Undrained (ASTM D2850) 150 Triaxial Staged Consolidated-Undrained (ASTM D4767) 420 Triaxial Staged Unconsolidated-Undrained (ASTM D2850) 210 Unconfined Compression (ASTM D2166) 162 Unit Weight Aggregate (Ca1 212, ASTM C29) 80 Asphalt Concrete Asphalt Conformance Testing Full (inc. % Bitumen, SA Extracted, (2) Hveem, Maximum Theoretical, (2) Stabilometer Value) $833 Asphalt Conformance Testing Modified (inc. % Bitumen, SA Extracted, (2) Hveem) 465 Asphalt Core Specific Gravity (Ca1 308, ASTM D2726) 58 Asphalt Core Specific Gravity Waxed (Cal 308, ASTM D1188) 74 Emulsion Content (CTM 382) 178 Film Stripping (Ca1 302) 178 Gyratory Compacted Plug (AASHTO T312) 133 Hamburg Wheel -Plant Produced HMA (AASHTO T324/Cal-Trans Section 39) 900 Hveem — Maximum Bulk Specific Gravity (Ca1 308) 133 -16- Asphalt Concrete - Continued Hveem & Stabilometer Value (Cal 366) $168 ,.... Ignition Oven Correction Factor (AASHTO T308) 500 Marshal Density, Stability & Flow (ASTM D6927) per plug 168 Marshal Density (ASTM D6926) per plug 133 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) 50 Moisture Vapor Susceptibility (Ca1 307) 259 Optimum Bitumen Content (Ca1 367) 3,100 Percent Bitumen Asphaltic Concrete (Ca1 382, ASTM D6307) 183 Residue by Evaporation (Ca1 331) 178 Rice - Maximum Theoretical Specific Gravity AC (Ca1 309, ASTM D2041) 133 Sieve Analysis — Extracted Aggregate (Cal 382, ASTM D5444) 89 Stability and Flow (ASTM D1559) 147 Stabilometer Value (Ca1 366) 147 Superpave Aggregate Qualities (Standard Cal -Trans Section 39 Requirements) 1,050 Superpave Mix Design -No RAP testing or Aggregate Qualities (AASHTO R35/Cal-Trans Section 39) 6,700 Superpave RAP Testing -Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) 5,700 Superpave RAP Testing -Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) 2,850 Swell Asphalt Concrete (Cal 305, ASTM D1561) 147 Tensile Strength Ratio -Plant Produced HMA (AASHTO T283) 900 Wet Track Abrasion (ASTM D3910) 285 Concrete 2X2 Cube Compression $27 Concrete Core Compression (ASTM C42) 59 Concrete Cylinder Compression (Ca1 521, ASTM C39) 27 Flex Beam Modulus of Rupture (Ca1 523, ASTM C78) 74 Modulus Elasticity (Ca1 522, ASTM C469) 261 Shotcrete Mockup Panel (ASTM CI 140) 1,040 Shotcrete Panel, 3 Cores — Compression (CBC) 290 Shrinkage -Hardened Concrete (ASTM C157 - Modified) 371 Split Tensile, Concrete Cylinder (ASTM C496) 74 Time of Set (ASTM C403) 200 Trial Batch Beam (Cal 523, ASTM C192) 69 Trial Batch Concrete Cylinder (Ca1 521, ASTM C192) 38 Trial Batch Fabrication (ASTM C192) 298 Unit Weight, Hardened Concrete (ASTM C642) 45 Unit Weight, Lightweight Concrete (ASTM C567) 59 Masonry Absorption Block (ASTM C140) $38 Compression Adobe 52 Compression Block, Standard (ASTM C140) 50 Compression, Brick (ASTM C67) 38 Efflorescence Block 59 Efflorescence, Brick (ASTM C67) 45 Grout Prism Compression (ASTM C1019) 27 Masonry Core Compression (ASTM C42) 51 Masonry Core Shear (CBC 2105A.4) 92 Masonry Prism Compression (ASTM E447) 149 Mortar Bond Strength — Pull Test (ASTM C482) 62 Mortar Cylinder Compression 27 Mortar Shear Strength (ANSI 118) 53 Relative Mortar Strength (Ca1 515) 53 Shrinkage — Masonry Block (ASTM C426) 252 Trial Grout Prisms (ASTM C942) 38 Water Retention and Air Content (ASTM C270) 468 -17- Metal Bend Test, Reinforcing Steel (ASTM A615) $45 Bend Test, Structural Steel (ASTM A370) 60 Bolt Assembly — Hardness Test 74 Bolt Assembly — Tensile & Proof Load Test 74 Modulus of Elasticity (Steel) 146 Post -Tension Tendon Tensile Testing 185 Tensile Strength #3 - #8 Bar (ASTM A615/A706) 74 Tensile Strength #9 - #11 Bar (ASTM A615/A706) 90 Tensile Strength #14 - #18 Bar (ASTM A615) Quote Tensile Strength - Mechanical Splices #9 and Smaller (Ca1 670) 185 Tensile Strength - Mechanical Splices #10 to #14 (Cal 670) 250 Tensile Strength - Mechanical Splices #18 (Cal 670) Quote Tensile Strength, Structural Steel (ASTM A370) 121 Fire Proofing Density Test (ASTM E605) $69 Miscellaneous Fiber Reinforced Polymer, Tensile (ASTM D3039) 520 Rebound Hammer 40/hr Material Preparation 40/hr Relative Humidity Test (ASTM F2170) 40/kit Concrete Vapor Emission Kits (ASTM F1869) 36/kit Test Chamber and Water Spray Rack (ASTM E1105) 275/hour Miscellaneous Charges Various Default Expense Various TERMS AND CONDITIONS All field services will be charged from portal to portal with the following minimum charges: • A two-hour show -up charge will be applied to any service canceled the same day of service. • A two-hour minimum charge will be applied to all field services. • A four-hour charge will be applied to all field services requiring between two and four hours of work. • A six -hour charge will be applied to all field services requiring between four and six hours of work. • An eight -hour charge will be applied to all field services requiring between six and eight hours of work. • Work in excess of eight hours up to twelve hours in a single day, will be charged in one -hour increments at 1.5 times the 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. 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: SCST 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: equipment rental, subcontractors, administrative time, etc. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule will be charged at cost plus 15 percent. Per Diem 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 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. 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 services provided by SCST for this project subject to state or federal prevailing wage requirements be subject to mandated wage increases, SCST reserves the right to request fair compensation for those increases calculated in accordance with good business practice. Celebrating more than 50 Years in Southern California -18- A oRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1') 6/5/2017 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 CONTACT Certificate Department PHONE FAX (IOC-, No E,d). 619-744-0574 'A/C No): 619-234-8601 EMAIL Certificates Cavi nac.com ADDRESS fi@gnac.com AFFORDING COVERAGE NAIC N INSURERA:Travelers Indemnity Co of Conn 25682 INSURED SOCALIF-01 SCST, Inc. (fka Southern California Soil & Testing, Inc.) 6280 Riverdale Street San Diego CA 92120 INSURER B :Travelers Property & Casualty Compa 25674 INSURERC:Berkley Insurance Company 32603 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 317964160 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 VIMICH 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 INSD SUBR WVD POLICY NUMBER POLICY EFF JMM/DD/YYYY)_(MM/DD/YYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6806H774251 1/30/2017 1/30/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X Cross Liab Intl MED EXP (Any one person) $10,000 X Sev of int Inci PERSONAL &ADV INJURY $1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES X I JECT X PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 Deductible $$0 B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED Y BA9D791479 1/30/2017 1/30/2018 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident)$ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE CUP4194T088 1/30/2017 1/30/2018 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Professional Laibility AEC901494600 1/30/2017 1/30/2018 Each Claim $2,000,000 Aggregate $4, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: On -Call Project Support Services for National City's Capital Improvement Program (CIP). Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City, its elected officials, officers, agents, employees and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950-4397 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 n ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -19- Policy No. SA9D791479 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while CA T4 20 07 10 H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: ©2010 The Travelers Indemnity Company_ All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. -20- Policy No. BA9D791479 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover, We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 3 (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2., Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. ©2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. -21- Policy No. BA9D791479 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and CA T4 20 07 10 COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. -22- Policy Number. 6806H774251 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 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury': and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. g• CG D3 81 0915 h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such Toss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission -23- COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of 'your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission _24_ RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH SCST, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL, SOILS AND MATERIALS TESTING; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical, soils and materials testing; and WHEREAS, 51 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends SCST, Inc., for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical, soils and materials testing; and WHEREAS, the City has determined that SCST, Inc., is qualified by experience and ability to perform the services desired by the City, and SCST, Inc., is willing to perform such services for the not to exceed amount of $500,000 from June 20, 2017 through June 19, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of SCST, Inc., and authorizes the Mayor to execute an Agreement with SCST, Inc., in the not to exceed amount of $500,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical, soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute any project -specific supplemental agreements as may be required for grant funded projects. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 20' day of June, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk July 11, 2017 Mr. Emil Rudolph SCST, Inc. 6280 Riverdale Street San Diego, CA 92120 Dear Mr. Rudolph, On June 20th, 2017, Resolution No. 2017-135 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with SCST, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures