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HomeMy WebLinkAbout2020 CON Atlas Technical Consultants - On-Call Support Services CIPa 2020 - S AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ATLAS TECHNICAL CONSULTANTS, LLC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ATLAS TECHNICAL CONSULTANTS, LLC (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 May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, 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 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 CIP project support services for the CITY, 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 September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. 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 and 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 described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "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. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daniel Richardson, P.E., Project Manager/Project Engineer, 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 $2,000,000. 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 Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 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: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) 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 CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 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 set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely 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. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. 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 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. Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 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. To the maximum extent provided by law, 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 negligence, recklessness, or willful misconduct in the 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. 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. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. 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. Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 18. 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. 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. 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) 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 Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may 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. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Daniel Richardson, P.E. Project Manager/Project Engineer Atlas Technical Consultants, LLC 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. Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC 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. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. 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. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejand'ra Sdtelo Solis, Mayor APPROVED AS TO FORM: ATLAS TECHNICAL CONSULTANTS, LLC (Corporation - signatures of nvo corporate officers required) By: (Name) L. Joe Boyer (Print) Chief Executive Officer (Title) Chief Operating Officer (Title) Standard Agreement Page 12 of 12 City of National City and Atlas Technical Consultants, LLC Revised May 2019 11© June 10, 2019 Roberto Yano, PE, Deputy City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Mr. Yano, EXHIBIT A 1. COVER LETTER 6280 Riverdale Street San Diego, CA 92120 P 619.280.4321 F 619.280.4717 w www.scst.com ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (GEOTECHNICAL AND TESTING AND INSPECTION) SCST, LLC is pleased to present our qualifications to provide Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services on an on -call basis for the City's Capital Improvement Program. Established in 1959, SCSI is a professional services firm providing comprehensive geotechnical and materials testing, special inspection, and engineering services for 60 years. We have been working with the City for almost 10 years, 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 in the County for 60 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 190 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 Re:Source (formerly AMRL), Caltrans, the 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: + 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 e. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 © ■ ■ H 2. EXECUTIVE SUMMARY This is 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 design and construction of various projects under the City's Capital Improvement Program (CIP). Having worked with the City in an on -call capacity for almost 10 years, we feel we have a unique understanding of how the City works, it's CIP, and the City's needs and requirements. We understand the value of communication with the City and its 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 in the past. In Section 5b, we outline our staffing plan and provide you with resumes of our proposed team for this contract. We have included an organizational chart illustrating our complete staffing capacity. We are located 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 of 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 60 years. We understand the local environment and have knowledge of the appropriate regulations, design standards, and best practices. We provide 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, parks, recreation centers, city buildings, and in -fill housing projects. This is illustrated in Section 5e. 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 5g. Although our services do not require researching, applying for, or managing grants, we are familiar with providing services for federal, state, and locally funded projects, including work on Caltrans projects. Our financial and accounting systems are in compliance with the Code of Federal Regulations. If awarded this contract, we can submit a certification per Section IX.G.1 and Section IX.G.2 of the RFQ. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 5. EXPERIENCE AND TECHNICAL COMPETENCE a. IDENTIFICATION OF DISCIPLINES OF INTEREST SCST proposes to provide the City with Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services. All services will be performed in accordance and compliance with all applicable local, regional, state, and federal regulations, rules, and ordinances. Our services will include: GEOTECI-INICAL ENGINEERING (INCLUDING ENGINEERING GEOLOGY) SOILS AND MATERIALS TESTING OBSERVATION AND INSPECTION + Geotechnical Investigations + Seismic Hazard Analysis + Liquefaction Analysis + Slope Stability Analysis + Pavement Section Design + Landslide Evaluations + Seismic Refraction Surveys + Fault Investigations + Geologic Hazard Recommendations + Grading and Foundation Recommendations + Soils + Aggregate + Asphalt Concrete + Metals + Concrete + Grading + Subgrade + Aggregate Base Material + Asphalt Concrete • + Underground Utilities + Caissons + Footings + Reinforced and Prestressed Concrete + Interior and Exterior Building Envelope + Shoring + Post -Tension Concrete + Masonry + Structural Steel Welding + Fireproofing + Roofing + Waterproofing 6. STAFFING PLAN AND RESUMES SCST employs 192 full-time staff members and has a high percentage of professionally qualified personnel. We attract and retain our staff on a long-term basis with an average of 15 years, which enables us to provide unparalleled consistency of staff and quality services throughout the life of a project. Our project managers hold weekly meetings to discuss scheduling and staffing needs. The scheduling of current projects are planned a week in advance and in the event of an emergency or last minute request, SCST's technical personnel are cross -trained to ensure that we are always staffed with well -qualified individuals who can cover any project at any time. In addition, monthly meetings are held to discuss the firm's backlog and plan for any upcoming and future staffing needs. This meeting includes our licensed engineers, project managers, field supervisors, and laboratory director. SCST currently has and maintains the staffing resources and ability to provide the required services for this contract. The key staff identified on the following pages are the individuals proposed for this contract. However, should additional staff members be required to fulfill the scope of services for any given project, SCST has the experienced staff to ensure the City's schedules and requirements are met. Daniel Richardson, PE, a state of California registered professional engineer will serve as SCST's project manager and primary point -of -contact throughout the duration of this contract. He has seven years of experience providing supervision and oversight of geotechnical, testing and inspection services. Daniel will be in charge of approving submittals and coordinating with the City, as well as other relevant agencies, and providing oversight of all services provided by SCST's team. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 EXHIBIT B *Modified Schedule B . c SCST, LLC - CITY OF NATIONAL CITY p■ SCHEDULE OF FEES FOR PROFESSIONAL SERVICES California Prevailing Wage Effective July 1, 2019 PROFESSIONAL SERVICES Professional (Engineering, Geology, Environmental) Principal Professional $177* Senior Professional 158* Project Professional 118* Staff Professional 102* Drafter 80* Field Services (Geotechnical, Inspection) Group 1 (Geotechnical, Concrete Sampling) $99* Group 2 (Special Inspection) 102* Group 3 (NDT Testing) 107* Coring 129* Field Supervisor 115 Off Site Inspector 102* Laboratory Technician 80* Field Services (Utility/Rebar Locating) Hourly Rate (A Mob/Demob charge of $300 applies to projects billed on hourly rates) $215 Full Day 1,950 Letter Report 300 Map (per day of field work) 350 Field Services (Geophysical Studies: UST, Landfill, Well, Void, UXO, Groundwater) Ground Penetrating Radar, E/ectromagnetics, Magnetics Full Day $2,350 Hourly Rate (A Mob/Demob charge of $325 applies to projects billed on hourly rates.) 265 Seismic (Refraction, MASW, Downhole/Crosshole), Resistivity (Sting, Standard, Wenner 4-Pin) Full Day $3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates.) 325 Seismic ReMi One Line $1,500 Each Additional Line 300 For Pavement/Requires Drilling 300 Project Management Senior Project Manager $158* Project Manager 118* Administrative Assistant 63* Travel and Miscellaneous Pick Up $51/hr* Travel Time Hourly Rate (or $125/hr beyond 2 hours from San Diego for Geophysical Crews)* 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 Rush Surcharge Normal Rate plus 50% Specialty Equipment Surcharge Quote SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. LABORATORY TESTS Soil and Aggregate California Bearing Ratio (ASTM D854) $418 California Impact (Cal 216) 206 Chloride Ion Testing (Cal 422) 150 Clay Lumps in Aggregate (ASTM C142) 150 Cleanness Value (Cal 227) 200 Consolidation (ASTM D2435) 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 187 Crushed Particles (Cal 205, ASTM D693) 150 Direct Shear (ASTM D3080) 260 Durability Factor (Cal 229, ASTM D3744) 97 Durability Index (Cal 229, ASTM D3744) 224 Expansion Index (ASTM D4289) 177 Fine Aggregate Angularity (AASHTO T304) 200 Fineness Modulus (ASTM C136) 24 Flat & Elongated Pieces (ASTM D4791) 175 Light Weight Pieces (ASTM C123) 175 Liquid Limit (Cal 204, ASTM D4318) 75 Los Angeles Abrasion - 1 1/2" and smaller (Cal 211, ASTM C131) 224 Maximum Density Check Point (ASTM D698/D1557) 88 Maximum Density/Optimum Moisture-4" (ASTM D698, D1557) 200 Maximum Density/Optimum Moisture — 6" (ASTM D698, D1557) 220 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 (Cal 213, ASTM C40) 90 Organic Matter (ASTM D2974) 75 Percent Finer than #200 (ASTM C117, ASTM D1140) 70 Permeability Remold Sample (ASTM D2434) 200 Permeability Remold Sample (ASTM D5084) Quote Permeability Undisturbed Sample (ASTM D5084) Quote Petrographic Analysis (Cal 215, ASTM C295) Quote pH & Resistivity (Cal 643, ASTM G51) 126 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 Castle Test (USACE) 195 Sand Equivalent (Cal 217, ASTM D2419) 88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) 110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422) 200 Soil Cement Compression Strength (Cal 312, ASTM D1633) 50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) 100 Soluble Chlorides (Cal 422) 62 Soluble Sulfate (Cal 417) 62 Soundness 5 Cycles (Cal 214, ASTM C88) 375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127) 115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) 115 Triaxial Shear Consolidated - Undrained (ASTM D4767) Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850) Quote Triaxial Staged Consolidated - Undrained (ASTM D4767) Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) Quote Unconfined Compression (ASTM D2166) 162 Unit Weight Aggregate (Cal 212, ASTM C29) 80 SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. Asphalt Concrete 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) Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312) 350 Hamburg Wheel - Plant Produced HMA (AASHTO T324/Cal-Trans Section 39) 900 Hveem - Maximum Bulk Specific Gravity (Cal 308) 300 Hveem & Stabilometer Value (Cal 366) 400 Ignition Oven Correction Factor (AASHTO T308) 250 Ignition Oven Degradation Factor (AASHTO T308) 250 Marshall Density, Stability & Flow (ASTM D6927) 400 Marshall Density (ASTM D6926) 300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) 50 Moisture Vapor Susceptibility (Cal 307) Quote Optimum Bitumen Content (AASHTO R35/Cal 367) 3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) 180 Residue by Evaporation (Cal 331) 178 Rice - Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041) 133 Sieve Analysis - Extracted Aggregate (Cal 382, ASTM D5444) 90 Stability and Flow (ASTM D1559) 350 Stabilometer Value (Cal 366) 350 RAP Testing - Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39 Quote RAP Testing - Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) Quote Tensile Strength Ratio - Plant Produced HMA (AASHTO T283) 900 Wet Track Abrasion (ASTM D3910) 185 Concrete 2X2 Cube Compression $27 Concrete Core Compression (ASTM C42) 59 Concrete Cylinder Compression (Cal 521, ASTM C39) 27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78) 74 Modulus of 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 Fabrication (ASTM C192) 298 Unit Weight, Hardened Concrete (ASTM C642) 45 Unit Weight, Lightweight Concrete (ASTM C567) 59 Masonry Absorption Block (ASTM C140) $115 Compression Adobe 155 Compression Block, Standard (ASTM C140) 150 Compression, Brick (ASTM C67) 115 Efflorescence Block 175 Efflorescence, Brick (ASTM C67) 175 Grout Prism Compression (ASTM C1019) 27 Masonry Core Compression (ASTM C42) 51 Masonry Core Shear (CBC 2105A.4) 95 Masonry Prism Compression (ASTM E447) 150 Mortar Bond Strength - Pull Test (ASTM C482) 62 Mortar Cylinder Compression 27 Mortar Shear Strength (ANSI 118) 53 SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. Masonry - Continued Relative Mortar Strength (Cal 515) $850 Shrinkage - Masonry Block (ASTM C426) 250 Trial Grout Prisms (ASTM C942) 38 Water Retention and Air Content (ASTM C270) 470 Metal Bolt Assembly - Hardness Test $74 Bolt Assembly - Tensile & Proof Load Test 125 Modulus of Elasticity (Steel) 146 Post -Tension Tendon Tensile Testing 185 Tensile Strength & Bend Test, Reinforcing Steel (ASTM A615/A706) 125 Tensile Strength #14 - #18 Bar (ASTM A615) Quote Tensile Strength - Mechanical Splices #9 and Smaller (Cal 670) Quote Tensile Strength - Mechanical Splices #10 to #14 (Cal 670) Quote Tensile Strength - Mechanical Splices #18 (Cal 670) Quote Tensile Strength and Bend Test, Structural Steel (ASTM A370) 180 Miscellaneous Fire Proofing Density Test (ASTM E605) $69 Fiber Reinforced Polymer, Tensile (ASTM D3039) 520 Material Preparation 70/hr Relative Humidity Test (ASTM F2170) 80/kit Concrete Vapor Emission Kits (ASTM F1869) 72/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 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. • The client will be invoiced only for the hours actually worked in 4 and 8 hour increments. • 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 consumables: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time. 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. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 54.4 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. 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. Certification of Costs: I, the undersigned, certify to the best of my knowledge and belief that all costs identified in our Schedule of Fees are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and conditions. Furthermore, I acknowledge that "mark-ups" for sub -consultant services will not be accepted. Name: John Kirschbaum, PE Title: President & COO Signature: ,r,,.+�,C Date: March 30, 2020 Celebrating 60 Years! '40 ® CERTIFICATE OF LIABILITY INSURANCE DATE(/24/20YYYY) 08/24/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 5555 San Felipe Suite 1500 Houston TX 77056 USA CONTACT NAME: (NCC.N o. Ext): (866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED SCST, LLC fka SCST, Inc. & Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego CA 92120 USA INSURERA: Steadfast Insurance Company 26387 INSURER B: Zurich American Ins Co 16535 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570083617642 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYVY POLICY EXP 1MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GPL021708504 11/13/2019 11/13/2020 EACH OCCURRENCE $2,000,000 CLAIMS -MADE x I I OCCUR ' 1 DAMAGE TO RENTED PREMISES (Ea occurrence) $100, 000 MED EXP (Any one person) $ 5 , 000 PERSONAL& ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 86,000,000 POLICY X PRO-X JECT LOC PRODUCTS - COMP/OPAGG $4,000,000 OTHER: B AUTOMOBILE LIABILITY BAP 0217109-04 11/13/2019 11/13/2020 COMBINED SINGLE LIMIT (Ea accident) $5 , 000, 000 X ANY AUTO BODILY INJURY ( Per person) OWNED SCHEDULED BODILY INJURY (Per accident) A AUTOS ONLY HIRED AUTOS AUTOS NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) — ONLY A UMBRELLA LIAB X OCCUR SXS021707704 11/13/2019 11/13/2020 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $1, 000 , 000 DED RETENTION B WORKERS COMPENSAT ON AND EMPLOYERS' LIABILITY wCO21711104 11/13/2019 11/13/2020 x PER STATUTE' ORTH- ANY PROPRIETOR / PARTNER / EXECUTIVE Y / N N N A E.L. EACH ACCIDENT $1, 000, 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) / E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000 , 000 A E&O-PL-Primary GPL021708504 CLAIMS MADE 11/13/2019 11/13/2020 Each Incident Aggregate $2,000,000 $6,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: RFQ 2019 - On -Call Project Support Services for National City's Capital Improvement Program (CIP) - Request to Enter into Contract Negotiations for Geotechnical (includes Soils & Materials Testing). City of National City, its elected officials, officers, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability, Automobile Liability and Excess Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of City of National City in accordance with the policy provisions of the General Liability and Workers' Compensation policies. Should General Liability, Automobile Liability CERTIFICATE HOLDER CANCELLATION Holder Identifier : 570083617642 Certificate No City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950-4397 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4WIW AGENCY CUSTOMER ID: 570000080236 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Southwest, Inc. NAMED INSURED SCST, LLC POLICY NUMBER see Certificate Number: 570083617642 CARRIER See Certificate Number: 570083617642 NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVU POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLITY EXPIRATION DATE (MM/DD/YYYY) LIMITS OTHER A Env Contr P011 GPL021708504 11/13/2019 11/13/2020 Each Incident $2,000,000 Aggregate $6,000,000 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved ' ACO/20# AGENCY CUSTOMER ID: 570000080236 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Southwest, Inc. POLICY NUMBER see Certificate Number: 570083617642 CARRIER See Certificate Number: 570083617642 NAIC CODE NAMED INSURED SCST, LLC EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. ATC GROUP PARTNERS LLC GPL 0217085-04 Additional Insured -Automatic -Owners, Lessees Or Contractors Coverage Part One -Commercial General Liability Coverage Part Two -Contractor's Pollution Liability ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add9 Prem. Return Prem. GPL 0217085-04 11/13/2019 11/13/2020 11/13/2019 14340000 Named Insured and Mailing Address: Atlas Technical Consultants Holdings LP 13215 Bee Cave Pkwy, Building A Suite 250 Austin, TX 78738 Producer: AON RISK SERVICES SOUTHWEST INC 5555 SAN FELIPE ST STE 1500 HOUSTON, TX 77056-2739 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy [X] COVERAGE PART ONE -COMMERCIAL GENERAL LIABILITY [X] COVERAGE PART TWO -CONTRACTOR'S POLLUTION LIABILITY 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an additional insured any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured person(s) or organization(s) applies only to: a. "Bodily injury", "property damage" or "personal and advertising injury" under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement; and/or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or INTERNAL USE ONLY STF-ESP-101-F CW (04/13) Page 1 of 3 (b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide to such additional insured. 4. With respect to the insurance afforded to the additional insured under this endorsement, the following is added to Section III — Limits Of Insurance and Deductible: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations 5. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any architectural, engineering or surveying services. 6. The additional insured must see to it that: a. We are notified as soon as practicable of an "occurrence", offense or "pollution event", as applicable, that may result in a claim; b. We receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. 7. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: Primary and Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: INTERNAL USE ONLY STF-ESP-101-F CW (04/13) Page 2 of 3 Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. 8. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-101-F CW (04/13) Page 3 of 3 INTERNAL USE ONLY Coverage Extension Endorsement — Liability Only ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 0217109-04 11/13/2019 11/13/2020 11/13/2019 14340000 - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-428-A CW (02-14) Page 1 of 3 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, I. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-428-A CW (02-14) Page 2of3 J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. All other terms, conditions, provisions and exclusions of this policy remain the same. INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-428-A CW (02-14) Page 3 of 3 ATC GROUP PARTNERS LLC GPL 0217085-04 Blanket Notification to Others of Cancellation ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem. Return Prem. GPL 0217085-04 11/13/2019 1 1 /13/2020 11/13/2019 14340000 Named Insured and Mailing Address: Atlas Technical Consultants Holdings LP 13215 Bee Cave Pkwy, Building A Suite 250 Austin, TX 78738 Producer: AON RISK SERVICES SOUTHWEST INC 5555 SAN FELIPE ST STE 1500 HOUSTON, TX 77056-2739 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Agribusiness Pollution Liability Insurance Policy - Claims Made and Reported Coverage Commercial Umbrella Liability Policy Commercial Umbrella Liability Policy — Claims Made and Reported Coverage Contractor's Pollution Liability Insurance Policy Contractor's Pollution Liability Insurance Policy - Claims Made and Reported Coverage Environmental Cleanup and Liability Insurance Policy - Claims Made and Reported Coverage Environmental Impairment Liability Insurance Policy - Claims Made and Reported Coverage Environmental Services Package Policy Excess Environmental Insurance Policy - Claims Made and Reported Coverage Follow Form Excess Liability Policy Follow Form Excess Liability Policy — Claims Made and Reported Coverage Healthcare Pollution Liability Insurance Policy - Claims Made and Reported Coverage Lender Environmental Collateral Protection and Liability Insurance Outstanding Loan Balance - Claims Made and Reported Coverage Lender Environmental Collateral Protection and Liability Insurance Policy — Claims Made and Reported Coverage Professional Consultant's Liability Insurance Policy - Claims Made and Reported Coverage Professional Environmental Consultant's Liability Insurance Policy Professional Environmental Consultant's Liability Insurance Policy - Claims Made and Reported Coverage Public Entity Pollution Liability - Claims Made and Reported Coverage Real Estate Environmental Liability Insurance Policy - Claims Made and Reported Coverage Remediation Stop Loss Z Choice Pollution Liability Z Choice° Real Estate Environmental Liability - Claims Made and Reported Coverage Z Choice TM Pollution Liability - Claims Made and Reported Coverage Z Link° Commercial General and Pollution Liability A. If we cancel this policy by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such policy has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: INTERNAL USE ONLY STF-ENVL-1632-A CW (11/10) Page 1 of 2 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. INTERNAL USE ONLY STF-ENVL-1632-A CW (11/10) Page 2 of 2 Notification to Others of Cancellation ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Retum Prem. BAP-0217109-04 11/13/2019 11/13/2020 11/13/2019 14340000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Any person(s) or organization(s) whom you are required by written contract. Number of Days Notice: 30 All other terms and conditions of this policy remain unchanged. 1 INTERNAL USE ONLY Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-812-A CW (05/10) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: Any person(s) or organization(s) whom you are required 30 by written contract. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/13/19 Policy No. WC 0217111-04 Endorsement No. Insured Premium $ Insurance Company WC 99 06 33 INTERN/(EUS .t'1D) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 RESOLUTION NO. 2020 - 165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH ATLAS TECHNICAL CONSULTANTS, LLC FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND 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 WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include 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; facilities improvements; and park amenities; and WHEREAS, 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 May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline 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, based on their SOQ, interview, qualifications, and past performance, staff recommends Executing a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and soils and materials testing; and Resolution No. 2020 - 165 Page Two WHEREAS, in addition, City staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and 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. PASSED and ADOPTED this 1st day of September, 202 ATTEST: Michfael R. Dalla,/City Clerk APPROVED AS TO_ FORM: /y I/ ngil ney Alejandra Sotelo-Solis, Mayor Passed and adopted by the Council of the City of National City, California, on September 1, 2020 by the following vote, to -wit: Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-165 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2020. 6- - __,‘ . e ., / , 4 t / AI CI k of the City of Nd City tional City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA CZOZn' SI COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: 6 EM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and 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: Tirza Gonzales, Management Analyst I PHONE: 619-336-4318 EXPLANATION: See staff report. riNANCIAL STATEMENT: DEPARTMENT: APPROVED BY: APPROVED: Engineering & Public Works FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2021; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing an Agreement Atlas Technical Consultants, LLC for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: - TACHMENTS: Explanation 2. Agreement 3. Resolution Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. 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; facilities improvements; and park amenities. 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 May 1, 2019. 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, housing and real estate development services, Building Department support services, 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, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 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 three-year Agreement (with the option to extend for two, one year extensions) with Atlas Technical Consultants, LLC, formerly SCST, LLC, for a not -to - exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. 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. -1- AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ATLAS TECHNICAL CONSULTANTS, LLC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ATLAS TECHNICAL CONSULTANTS, LLC (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 May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, 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 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 CIP project support services for the CITY, 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 September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. -2- 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical and 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 described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "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. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daniel Richardson, P.E., Project Manager/Project Engineer, 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 $2,000,000. 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 Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 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 -works-the manner -of -performance and/or -the -compensation -payable to the CONSULT -ANT -in -this — Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -3- 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: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) 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 CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to —adhere-to to the applicable term-s-of this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -4- 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 set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely 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. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. 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 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. Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -5- 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 notbe 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. To the maximum extent provided by law, 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 negligence, recklessness, or willful misconduct in the 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. 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. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -6- 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. 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. Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -7- 18. 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. 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. 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) days prior written notice to the C1TY'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 fmancial size category Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -8- 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may 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. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -9- CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT' s breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Daniel Richardson, P.E. Project Manager/Project Engineer Atlas Technical Consultants, LLC 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. Standard Agreement Page 9 of 12 Revised May 2019 Atlas Technical Consultants, LLC City of National City and -10- 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 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. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -11- 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. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. 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. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Atlas Technical Consultants, LLC -12- N. Conslruclion. The parties acknowledge and agree that (i) each party is of' equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof., or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: _ Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: - Angil P. Morris -Jones City Attorney ATLAS TECHNICAL CONSULTANTS, LLC (C'or porsrtion - signatures of nvo corporate officers requires!) By: By: (Name) L. Joe Boyer (Print) Chief Executive Officer (Title) Chief Operating Officer (`I'i(le) SWudurd Assct•u.uau Page 12 of 12 Cn1 ufr1Vauona1 City and Kcvisvd Mu) )itiu Imhnicul Consultants. LLC. -13- EXHIBIT A June 10, 2019 Roberto Yano, PE, Deputy City Engineer City of National City Engineering and Public Works Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Mr. Yano, 1. COVER LETTER 6280 Riverdale Street San Diego, CA 92120 P 619.280.4321 F 619.280.4717 W www.scst.com I:LSPONSI `iC) I;LQUI SI I t)l: Oiii'.I II k ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (GEOTECNNICAL AND TESTING AND INSPECTION) SCST, LLC is pleased to present our qualifications to provide Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services on an on -call basis for the City's Capital Improvement Program. Established in 1959, SCST is a professional services firm providing comprehensive geotechnical and materials testing, special inspection, and engineering services for 60 years. We have been working with the City for almost 10 years, 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 in the County for 60 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 190 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 Re:Source (formerly AMRL), Caltrans, the Cement and Concrete Reference Laboratory (CCRL), and the US Army Corps of Engineers. UNIQUE ATTRIBUTES/DISTINGUISHING CI-IARACTERISTICS Advantages to utilizing SCST's team to provide geotechnical, soils and materials testing, and inspection services include: + 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 e. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 -14- 2. EXECUTIVE SUMMARY This is 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 design and construction of various projects under the City's Capital Improvement Program (CIP). Having worked with the City in an on -call capacity for almost 10 years, we feel we have a unique understanding of how the City works, it's CIP, and the City's needs and requirements. We understand the value of communication with the City and its 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 in the past. In Section 5b, we outline our staffing plan and provide you with resumes of our proposed team for this contract. We have included an organizational chart illustrating our complete staffing capacity. We are located 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 of 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 60 years. We understand the local environment and have knowledge of the appropriate regulations, design standards, and best practices. We provide 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, parks, recreation centers, city buildings, and in -fill housing projects. This is illustrated in Section 5e. 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 5g. Although our services do not require researching, applying for, or managing grants, we are familiar with providing services for federal, state, and locally funded projects, including work on Caltrans projects. Our financial and accounting systems are in compliance with the Code of Federal Regulations. If awarded this contract, we can submit a certification per Section IX.G.1 and Section IX.G.2 of the RFQ. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 -15- 5. EXPERIENCE AND TECHNICAL COMPETENCE I+ a. IDENTIFICATION OF DISCIPLINES OF INTEREST SCST proposes to provide the City with Geotechnical Services (including soils and materials testing) as well as Observation and Inspection services. All services will be performed in accordance and compliance with all applicable local, regional, state, and federal regulations, rules, and ordinances. Our services will include: GEOTECHNICAL ENGINEERING (INCLUDING ENGINEERING GEOLOGY) SOILS AND MATERIALS TESTING + Geotechnical Investigations + Seismic Hazard Analysis + Liquefaction Analysis + Slope Stability Analysis + Pavement Section Design + Landslide Evaluations + Seismic Refraction Surveys + Fault Investigations + Geologic Hazard Recommendations + Grading and Foundation Recommendations + Soils + Aggregate + Asphalt Concrete + Metals + Concrete OBSERVATION AND INSPECTION + Grading + Subgrade + Aggregate Base Material + Asphalt Concrete + Underground Utilities + Caissons + Footings + Shoring + Post -Tension Concrete + Masonry + Structural Steel Welding + Fireproofing + Roofing + Waterproofing + Reinforced and Prestressed Concrete + Interior and Exterior Building Envelope 6. STAFFING PLAN AND RESUMES SCST employs 192 full-time staff members and has a high percentage of professionally qualified personnel. We attract and retain our staff on a long-term basis with an average of 15 years, which enables us to provide unparalleled consistency of staff and quality services throughout the life of a project. Our project managers hold weekly meetings to discuss scheduling and staffing needs. The scheduling of current projects are planned a week in advance and in the event of an emergency or last minute request, SCST's technical personnel are cross -trained to ensure that we are always staffed with well -qualified individuals who can cover any project at any time. In addition, monthly meetings are held to discuss the firm's backlog and plan for any upcoming and future staffing needs. This meeting includes our licensed engineers, project managers, field supervisors, and laboratory director. SCST currently has and maintains the staffing resources and ability to provide the required services for this contract. The key staff identified on the following pages are the individuals proposed for this contract. However, should additional staff members be required to fulfill the scope of services for any given project, SCST has the experienced staff to ensure the City's schedules and requirements are met. Daniel Richardson, PE, a state of California registered professional engineer will serve as SCST's project manager and primary point -of -contact throughout the duration of this contract. He has seven years of experience providing supervision and oversight of geotechnical, testing and inspection services. Daniel will be in charge of approving submittals and coordinating with the City, as well as other relevant agencies, and providing oversight of all services provided by SCST's team. City of National City RFQ for On -Call Project Support Services for National City's Capital Improvement Program (CIP) SCST Proposal No. 19-0310 -16- EXHIBIT B *Modified Schedule B �, -.- • �� SCST, LLC - CITY OF NATIONAL CITY p■ SCHEDULE OF FEES FOR PROFESSIONAL SERVICES California Prevailing Wage Effective July 1, 2019 PROFESSIONAL SERVICES Professional (Engineering, Geology, Environmental) Principal Professional $177* Senior Professional 158* Project Professional 118* Staff Professional 102* Drafter 80* Field Services (Geotechnical, Inspection) Group 1 (Geotechnical, Concrete Sampling) $99* Group 2 (Special Inspection) 102* Group 3 (NDT Testing) 107* Coring 129* Field Supervisor 115 Off Site Inspector 102* Laboratory Technician 80* Field Services (Utility/Rebar Locating) Hourly Rate (A Mob/Demob charge of $300 applies to projects billed on hourly rates) $215 Full Day 1,950 Letter Report 300 Map (per day of field work) 350 Field Services (Geophysical Studies: UST, Landfill, Well, Void, UXO, Groundwater) Ground Penetrating Radar, E/ectromagnetics, Magnetics Full Day $2,350 Hourly Rate (A Mob/Demob charge of $325 applies to projects billed on hourly rates.) 265 Seismic (Refraction, MASW, Downhole/Crosshole), Resistivity (Sting, Standard, Wenner 4-Pin) Full Day $3,000 Hourly Rate (A Mob/Demob charge of $550 applies to projects billed on hourly rates.) 325 Seismic ReMi One Line $1,500 Each Additional Line 300 For Pavement/Requires Drilling 300 Project Management Senior Project Manager $158* Project Manager 118* Administrative Assistant 63* Travel and Miscellaneous Pick Up $51/hr* Travel Time Hourly Rate (or $125/hr beyond 2 hours from San Diego for Geophysical Crews)* 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 Rush Surcharge Normal Rate plus 50% Specialty Equipment Surcharge Quote -17- SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. LABORATORY TESTS Soil and Aggregate California Bearing Ratio (ASTM D854) $418 California Impact (Cal 216) 206 Chloride Ion Testing (Cal 422) 150 Clay Lumps in Aggregate (ASTM C142) 150 Cleanness Value (Cal 227) 200 Consolidation (ASTM D2435) 200 Corrosivity Testing (Soluble Chlorides and Sulfates, pH and Resistivity) 187 Crushed Particles (Cal 205, ASTM D693) 150 Direct Shear (ASTM D3080) 260 Durability Factor (Cal 229, ASTM D3744) 97 Durability Index (Cal 229, ASTM D3744) 224 Expansion Index (ASTM D4289) 177 Fine Aggregate Angularity (AASHTO T304) 200 Fineness Modulus (ASTM C136) 24 Flat & Elongated Pieces (ASTM D4791) 175 Light Weight Pieces (ASTM C123) 175 Liquid Limit (Cal 204, ASTM D4318) 75 Los Angeles Abrasion -1 1/2" and smaller (Cal 211, ASTM C131) 224 Maximum Density Check Point (ASTM D698/D1557) 88 Maximum Density/Optimum Moisture-4" (ASTM D698, D1557) 200 Maximum Density/Optimum Moisture — 6" (ASTM D698, D1557) 220 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 (Cal 213, ASTM C40) 90 Organic Matter (ASTM D2974) 75 Percent Finer than #200 (ASTM C117, ASTM D1140) 70 Permeability Remold Sample (ASTM D2434) 200 Permeability Remold Sample (ASTM D5084) Quote Permeability Undisturbed Sample (ASTM D5084) Quote Petrographic Analysis (Cal 215, ASTM C295) Quote pH & Resistivity (Cal 643, ASTM G51) 126 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 Castle Test (USACE) 195 Sand Equivalent (Cal 217, ASTM D2419) 88 Sieve Analysis (ASTM C136, ASTM D6913, Cal 202) 110 Sieve Analysis with Hydrometer (Cal 203, ASTM D422) 200 Soil Cement Compression Strength (Cal 312, ASTM D1633) 50 Soil Cement Cylinder Fabrication (Cal 312, ASTM D1632) 100 Soluble Chlorides (Cal 422) 62 Soluble Sulfate (Cal 417) 62 Soundness 5 Cycles (Cal 214, ASTM C88) 375 Specific Gravity Coarse Aggregate (Cal 206, ASTM C127) 115 Specific Gravity Fine Aggregate (Cal 207, ASTM C128) 115 Triaxial Shear Consolidated - Undrained (ASTM D4767) Quote Triaxial Shear Unconsolidated - Undrained (ASTM D2850) Quote Triaxial Staged Consolidated - Undrained (ASTM D4767) Quote Triaxial Staged Unconsolidated - Undrained (ASTM D2850) Quote Unconfined Compression (ASTM D2166) 162 Unit Weight Aggregate (Cal 212, ASTM C29) 80 -18- SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. Asphalt Concrete 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) Quote Gyratory Compacted Maximum Specific Gravity (AASHTO T312) 350 Hamburg Wheel - Plant Produced HMA (AASHTO T324/Cal-Trans Section 39)... 900 Hveem - Maximum Bulk Specific Gravity (Cal 308) 300 Hveem & Stabilometer Value (Cal 366) 400 Ignition Oven Correction Factor (AASHTO T308) 250 Ignition Oven Degradation Factor (AASHTO T308) 250 Marshall Density, Stability & Flow (ASTM D6927) 400 Marshall Density (ASTM D6926) 300 Moisture Content of Asphalt Mixtures Using Microwave (Cal 370) 50 Moisture Vapor Susceptibility (Cal 307) Quote Optimum Bitumen Content (AASHTO R35/Cal 367) 3,100 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) 180 Residue by Evaporation (Cal 331) 178 Rice - Maximum Theoretical Specific Gravity AC (Cal 309, ASTM D2041) 133 Sieve Analysis - Extracted Aggregate (Cal 382, ASTM D5444) 90 Stability and Flow (ASTM D1559) 350 Stabilometer Value (Cal 366) 350 RAP Testing - Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39 Quote RAP Testing - Not Fractionated (ASTM D2172/AASHTO T308/Cal-Trans Section 39) Quote Tensile Strength Ratio - Plant Produced HMA (AASHTO T283) 900 Wet Track Abrasion (ASTM D3910) 185 Concrete 2X2 Cube Compression $27 Concrete Core Compression (ASTM C42) 59 Concrete Cylinder Compression (Cal 521, ASTM C39) 27 Flex Beam Modulus of Rupture (Cal 523, ASTM C78) 74 Modulus of 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 Fabrication (ASTM C192) 298 Unit Weight, Hardened Concrete (ASTM C642) 45 Unit Weight, Lightweight Concrete (ASTM C567) 59 Masonry Absorption Block (ASTM C140) $115 Compression Adobe 155 Compression Block, Standard (ASTM C140) 150 Compression, Brick (ASTM C67) 115 Efflorescence Block 175 Efflorescence, Brick (ASTM C67) 175 Grout Prism Compression (ASTM C1019) 27 Masonry Core Compression (ASTM C42) 51 Masonry Core Shear (CBC 2105A.4) 95 Masonry Prism Compression (ASTM E447) 150 Mortar Bond Strength - Pull Test (ASTM C482) 62 Mortar Cylinder Compression 27 Mortar Shear Strength (ANSI 118) 53 -19- SCST, LLC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES CONT. Masonry - Continued Relative Mortar Strength (Cal 515) $850 Shrinkage - Masonry Block (ASTM C426) 250 Trial Grout Prisms (ASTM C942) 38 Water Retention and Air Content (ASTM C270) 470 Metal Bolt Assembly - Hardness Test $74 Bolt Assembly - Tensile & Proof Load Test 125 Modulus of Elasticity (Steel) 146 Post -Tension Tendon Tensile Testing 185 Tensile Strength & Bend Test, Reinforcing Steel (ASTM A615/A706) 125 Tensile Strength #14 - #18 Bar (ASTM A615) Quote Tensile Strength - Mechanical Splices #9 and Smaller (Cal 670) Quote Tensile Strength - Mechanical Splices #10 to #14 (Cal 670) Quote Tensile Strength - Mechanical Splices #18 (Cal 670) Quote Tensile Strength and Bend Test, Structural Steel (ASTM A370) 180 Miscellaneous Fire Proofing Density Test (ASTM E605) $69 Fiber Reinforced Polymer, Tensile (ASTM D3039) 520 Material Preparation 70/hr Relative Humidity Test (ASTM F2170) 80/kit Concrete Vapor Emission Kits (ASTM F1869) 72/kit Test Chamber and Water Spray Rack (ASTM E1105) 275/hour Miscellaneous Charges Various Default Expense Various TERMS AND CONDITIONS At field services will be charged 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. • The client will be invoiced only for the hours actually worked in 4 and 8 hour increments. • 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: SCSI reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to, the following consumables: diamond coring bits, fuel, patching materials, mileage, travel time, equipment rental and administrative time. 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. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 54.4 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. 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. Certification of Costs: I, the undersigned, certify to the best of my knowledge and belief that all costs identified in our Schedule of Fees are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and conditions. Furthermore, I acknowledge that "mark-ups" for sub -consultant services will not be accepted. Name: John Kirschbaum, PE Title: President & COO Signature: j;�,,,,r1>.,- __ Date: March 30, 2020 Celebrating 60 Years! -20- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH ATLAS TECHNICAL CONSULTANTS, LLC FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND 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 WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include 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; facilities improvements; and park amenities; and WHEREAS, 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 May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline 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, based on their SOQ, interview, qualifications, and past performance, staff recommends Executing a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and soils and materials testing; and Resolution No. 2020 - Page Two WHEREAS, in addition, staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Atlas Technical Consultants, LLC with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical and 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. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney