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HomeMy WebLinkAboutAtlas Technical Consultants LLC; 2021-11-30; PSA22-1637CAPSA22-1637CA City Attorney Approved Version 8/3/16 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT TASK NO. 2 PROJECT NO. 4060 This second Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Atlas Technical Consultants, LLC, a Delaware limited liability company, ("Contractor") and the City of Carlsbad, ("City") dated November 30, 2021, (the “Agreement”), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide construction testing services in accordance with the City of Carlsbad Engineering Standards, 2022 Edition, the Standard Specifications for Public Works Construction, 2021 Edition and the supplements thereto as published by the “Green Book” Committee of Public Works Standards and the proposal dated July 14, 2022, (“proposal”), attached as Appendix "A" for the Fire Station No. 2 Extended Testing & Inspection Services, (the “Project"). 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City’s Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within one hundred eighty (180) working days thereafter. Working days are defined in Part 1 General Provisions, Section 1-Terms, Definitions, Abbreviations, Units of Measure, and Symbols, page 4 section titled "Working Day" of the Standard Specifications for Public Works Construction (Green Book). Extensions of time for this Task Description may be granted if requested and agreed to in writing by the Director or City Manager. In no event shall Contractor work beyond the term or authorized compensation of the Master Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on work days. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties’ intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $48,690. DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 August 9, 2022 PSA22-1637CA City Attorney Approved Version 8/3/16 2 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 PSA22-1637CA City Attorney Approved Version 8/3/16 3 TABLE 1 FEE ALLOTMENT CONSTRUCTION TESTING SERVICES TASK GROUP TIME & MATERIALS Field Technician for special inspections $38,915 Project management services $2,742 Report writing and verification $3,272 Laboratory testing $3,761 TOTAL (Not-to-Exceed) $48,690 CONTRACTOR Atlas Technical Consultants, LLC (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Jeffrey R. Baudour Director of CMT & Field Services (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Geoff Patnoe, Assistant City Manager, as authorized by the City Manager APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ____________________________ Assistant City Attorney DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 August 9, 2022 Proposal No. 22-03521R Page | 1 6280 Riverdale Street San Diego, CA 92120 (877) 215-4321 | oneatlas.com July 14, 2022 Proposal No. 22-03521R MR. STEVEN STEWART FACILITIES ENGINEERING DIVISION CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008-7314 SUBJECT: Proposal for Construction Testing Services Carlsbad Fire Station #2 1906 Arenal Road, Carlsbad, California Dear Mr. Stewart: In accordance with your request, Atlas Technical Consultants LLC (Atlas, formerly known as SCST, LLC) is pleased to submit this revised proposal for professional services at the subject project located at 1906 Arenal Road in Carlsbad, California. Atlas has reviewed the project documents provided by the City and addressed the requirements for construction testing in the below scope of work. We understand the construction testing services required for this project will consist of compaction testing for grading, subgrade preparation, base and asphalt placement, cast-in-place concrete, masonry, and structural steel. Based upon our review of the project documents and experience on similar projects, we propose to provide our services on a time and materials basis at the unit rates provided in the Master Agreement dated August 18, 2020. A construction schedule was not available for developing this estimate. When a construction schedule is available, Atlas will re-evaluate this estimate and work with you to refine our approach to look for additional cost savings. SCOPE OF WORK Atlas’ proposed scope of work for construction testing will consist of the following: Observation of the earthwork operations and relative compaction testing Observation of earthwork operations by our professional geotechnical staff Performance of laboratory tests to evaluate conformance of the soils encountered duringearthwork with the specifications Observation and relative compaction testing of utility trench backfill Observation and relative compaction testing of retaining wall backfill PSA22-1637CA - Task No. 2 Appedix "A" DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 A ... , ____..,..., I C 1 Proposal No. 22-03521R Page | 2 Observation and relative compaction testing of subgrade preparation, aggregate base, andasphalt placement Observation of footing excavations for structural improvements by our geotechnical staff Preparation of reports summarizing our tests and observations of the grading, undergroundutility trench backfill, retaining wall backfill, subgrade preparation, aggregate base, and asphalt placement Reinforcing steel – during placement of steel/tendons, and before placement of concrete Reinforced concrete – during the placement and sampling of concrete as required All structural field welding and field welding of reinforcing steel, continuous – (We haveassumed that an approved fabricator will be utilized and therefore special inspection of shopwelding will not be required.) High strength bolting, periodic – verify faying surfaces and a snug tight fit and/or proper torqueas required Drilled and/or epoxy adhesive anchors – during installation of anchors Structural masonry, periodic – at the start of laying units, after placement of reinforcing steel,grout space prior to each grouting operation, and during all grouting operations Fireproofing – periodic inspection of application and thickness and density tests Provide daily inspection reports describing the work inspected and stating compliance or non-compliance with the project documents. Atlas daily field reports will be sent to the appropriate recipients electronically daily. Fabricate, transport, and test concrete for slump, temperature, and compressive strength atthe rate of one set of five concrete test cylinders per 100 cubic yards, 5,000 square-feet, or for each day’s placement. Test reports shall be prepared and distributed to the designatedperson(s). Suspect or failing test results will be reported to the designated person(s) on theday of the test. Fabricate, transport, and test one set of five masonry prisms prior to the start of construction.Suspect or failing test results will be reported to the designated person(s) on the day of thetest. Fabricate, transport, and test one test sample of grout on three successive working days andat one-week intervals thereafter. Suspect or failing test results will be reported to thedesignated person(s) on the day of the test. Fabricate, transport, and test one test sample of mortar on three successive working days andat one-week intervals thereafter. Suspect or failing test results will be reported to thedesignated person(s) on the day of the test. Provide supervision of our project personnel by our project engineer, a Registered CivilEngineer. The project engineer will review all special inspection reports and test results, attend site meetings as requested, and review all billing. Additionally, the project manager will act asa point of contact and will be available to answer questions that may arise. PSA22-1637CA - Task No. 2 Appedix "A" DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 _J .... ---•'IC Proposal No. 22-03521R Page | 3 COST INFORMATION Our proposal for services is based on our review of the project documents and experience on similar projects. We propose to provide our services on a time and materials basis according to the Master Agreement dated August 18, 2020. Based on the above scope, we estimate our fees to be approximately $48,690. A cost table presenting a breakdown of our estimate has been provided in this proposal. DEFINITION OF RESPONSIBILITY The presence of our field representative will be for the purpose of observing the construction and reporting its general compliance with the approved plans and the applicable building codes. Our work does not include the supervision or direction of the contractor’s work, their employees, or their agents. The contractor is responsible for their services, and neither the presence of our field personnel nor the observation and testing by this firm should excuse the contractor in any way for defects in their work. It should further be understood that we are not responsible for site safety. During the course of a subsurface investigation, heavy equipment may disrupt the site. AUTHORIZATION Atlas appreciates this opportunity to provide our professional services and is most interested in becoming a member of your consultant team. Atlas has considerable experience in successfully providing these services and we are confident that we can provide them in a timely and cost- effective manner. Should you have any questions regarding this budget estimate, or if we may be of further service, please contact our office at (619) 280-4321. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC Daniel Ferguson Ron Baudour Program Manager/Geotechnical Field Supervisor Director of Field Services DF:RB:af Attachment: Budget Estimate Summary Distribution: Addressee via e-mail at Steven.Stewart@carlsbadca.gov PSA22-1637CA - Task No. 2 Appedix "A" DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 Fire Station No. 2 City of Carlsbad Budget Summary/Cost Estimate Table Total Cost $38,915.00 Soils Tech/Concrete Tech (Group 1) - Grading, Retaining Wall Backfill, Subgrade/Base/Asphalt, Cast-in-place Concrete 60 hours @ $100.00 /hour $6,000.00 Special Inspector (Group 2) - Structural Steel/Welding/Masonry/Fire Proofing 320 hours @ $102.00 /hour $32,640.00 Sample Pick Up 5 hours @ $55.00 /hour $275.00 $2,742.00 Project Manager 18 hours @ $130.00 /hour $2,340.00 Administrative Assistant 6 hours @ $67.00 /hour $402.00 $3,272.00 Drafter Level I - As-Built Reports 6 hours @ $87.00 /hour $522.00 Senior Professional - Geotechnical Reports 6 hours @ $160.00 /hour $960.00 Staff Professional - Geotechnical Reports 10 hours @ $115.00 /hour $1,150.00 Senior Professional - Final Verified Report 4 hours @ $160.00 /hour $640.00 $3,761.00 Hveem & Stabilometer Value (Cal 366) 1 test @ $400.00 /test $400.00 Percent Bitumen Asphaltic Concrete (Cal 382, ASTM D6307) 1 test @ $180.00 /test $180.00 R-Value (Cal 301, ASTM D2844) 1 test @ $276.00 /test $276.00 Corrosivity Testing (Soluble Chlorides and Sulfates, pH, and Resistivity)1 test @ $187.00 /test $187.00 Maximum Density/Optimum Moisture - 4" (ASTM D1557) 4 tests @ $200.00 /test $800.00 Maximum Density/Optimum Moisture - 6" (ASTM D1557) 2 tests @ $220.00 /test $440.00 Concrete Cylinder Compression (Cal 521, ASTIM C39) 12 tests @ $27.00 /test $324.00 Grout Prism Compression (ASTM C1019) 12 tests @ $27.00 /test $324.00 Mortar Cylinder Compression 9 tests @ $27.00 /test $243.00 Masonry Prism Compression (ASTM E447) 3 tests @ $150.00 /test $450.00 2x2 Cube Compression (Base Plate Grout) 3 tests @ $27.00 /test $81.00 Fire Proofing Density Test 2 tests @ $28.00 /test $56.00 $48,690.00 ASSUMPTIONS 1 2 3 4 5 6 7 8 California State Prevailing Wage Rates Estimated Hours/Unit Project July 14, 2022 Client Atlas Proposal No. 22-03521R FIELD TECHNICIAN BUDGET ESTIMATE SUMMARY CONSTRUCTION TESTING SERVICES Rate/Unit TOTAL FOR CONSTRUCTION TESTING SERVICES This budget estimate reflects realistic amounts of inspection and testing at a California State Prevailing Wage inspection rate. PROJECT MANAGEMENT REPORTS LABORATORY TESTING No overtime is scheduled. The client will be invoiced per the On-Call Contract with the City of Carlsbad. The hourly rate reflects an anticipated start date of 2022. A preliminary pre-construction schedule was not available. Plans were available for this estimate. No weekend work is scheduled. All work performed outside our scope of service will be invoiced per our Agreement for As-Needed Materials Testing with the City of Carlsbad. PSA22-1637CA - Task No. 2 Appedix "A" DocuSign Envelope ID: F478892C-98A0-48B7-82C7-7B402E3FBCB7 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/5/2022 License # 0E67768 (858) 754-0071 13056 SchneiderCM, Inc. 7459 Circulo Sequoia Carlsbad, CA 92009 20443 A 2,000,000 X PSB0001593 7/1/2022 7/1/2023 1,000,000 Cont Liab/Sev of Int 10,000 2,000,000 4,000,000 4,000,000 2,000,000A PSB0001593 7/1/2022 7/1/2023 No Co. Owned Autos A X PSW0001591 7/1/2022 7/1/2023 1,000,000 1,000,000 1,000,000 B Professional Liab.MCH591889923 7/1/2022 Per Claim 3,000,000 B Ded.: $10K Per Claim MCH591889923 7/1/2022 7/1/2023 Aggregate 3,000,000 Re: All Construction Management Services performed by the Named Insured to the City of Carlsbad City of Carlsbad it's officers, agents, employees, and volunteers are Additional Insureds on a Primary and Non-Contributory basis with respect to General Liability as required by written contract. Waiver of Subrogation applies to Workers Compensation as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SCHNINC-02 PATILL IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Elizabeth Tenuto Elizabeth.Tenuto@ioausa.com RLI Insurance Company Continental Casualty Company X 7/1/2023 X X X X X X X DocuSign Envelope ID: 8FB2C5F1-7783-47E1-91F8-04B83708D120 ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: 8FB2C5F1-7783-47E1-91F8-04B83708D120 Policy Number: PSB0001593 Named Insured: SchneiderCM Inc ' . RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II-LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury'' or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: 4. The following is added to SECTION Ill K. 2. a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury'' arising out of "your work'' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury'' or "property damage" occurs, or the "personal and advertising injury'' offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 DocuSign Envelope ID: 8FB2C5F1-7783-47E1-91F8-04B83708D120WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 {Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to reoover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applles only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule. The additional premium for this endorsement shall be __ 2% of the Callfornla workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss. Job Description Jobs performed for any person or organization that you have agreed with In a written contract to provide this agreement. Thia endor111ment changas the policy lo which It Is attached and la effectt\la on Iha date 199Ued 11nle111 otherwlae stated. jTha Information below 11 required only whtn thl• •ndor9amant l1 l11uad 1ub11quant to praparatlon of tho pollc.y.) lnaured SchnelderCM1 Inc. Polley No. f:>SW0001591 ln11utance Company ~LI lnaura11ee CompbtiY Endoreement No. CoUhleral~ned By ____________________ _ C1 OD8 by the Worklta1 companaatlon lnaurance A11U11a euraau of C11Ufornl1. All tights rHarvad. PSA22-1637CA City Attorney Approved Version 7/19/17 1 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 4060 This first Project Task Description and Fee Allotment, is entered into on _________________________________________, pursuant to an Agreement between Atlas Technical Consultants LLC, a Delaware limited liability company, ("Contractor") and the City of Carlsbad, ("City") dated Nov. 30, 2021, (the “Agreement”), the terms of which are incorporated herein by this reference. 1.CONTRACTOR'S OBLIGATIONS Contractor shall provide construction testing services in accordance with the City ofCarlsbad Engineering Standards, 2018 Edition, the Standard Specifications for PublicWorks Construction, 2020 Edition and the supplements thereto as published by the “GreenBook” Committee of Public Works Standards and the proposal dated March 10, 2022,(“proposal”), attached as Appendix "A" for Fire Station No. 2 Testing & InspectionServices, (the “Project"). The Project services shall include construction testing services. 2.PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the CityManager or Director and a Purchase Order from the City’s Purchasing Department,constitutes notification to proceed to the Contractor. Contractor shall begin work withinfive (5) working days after receiving this fully executed document and a City PurchaseOrder. Contractor shall complete the work within 180 working days thereafter. Workingdays are defined in section 6-7.2 "Working Day" of the Standard Specifications for PublicWorks Construction (Green Book). Extensions of time for this Task Description may begranted if requested and agreed to in writing by the Director or City Manager. In no eventshall Contractor work beyond the term or authorized compensation of the Agreement, asamended by this Project Task Description and Fee Allotment. 3.FEES TO BE PAID TO THE CONTRACTOR Contractor’s compensation for the Project is shown in Table 1, "Fee Allotment", herein.Fees shall be paid on the basis of time and materials for each task group shown in Table1. Progress payments shall be based on work days. Appendix "A", attached, prepared byContractor and reviewed by City, shows the parties’ intent as to the elements, scope andextent of the task groups. Contractor acknowledges that performance of any and all tasksby the Contractor constitutes acknowledgment by Contractor that such tasks are thosedefined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix “A”, will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $46,338. DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 March 17, 2022 PSA22-1637CA City Attorney Approved Version 7/19/17 2 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including workperformed during design and preconstruction such as inspection and land surveying work,cumulatively exceeding $1,000 and performed under this Agreement are subject to stateprevailing wage laws. The general prevailing rate of wages, for each craft or type of workerneeded to execute the contract, shall be those as determined by the Director of IndustrialRelations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code.Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wagerates is on file in the office of the City Engineer. Contractor shall not pay less than the saidspecified prevailing rates of wages to all such workers employed by him or her in theexecution of the Agreement. Contractor and any subcontractors shall comply with Section1776 of the California Labor Code, which generally requires keeping accurate payrollrecords, verifying and certifying payroll records, and making them available for inspection.Contractor shall require any subcontractors to comply with Section 1776. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 PSA22-1637CA City Attorney Approved Version 7/19/17 3 TABLE 1 FEE ALLOTMENT FIRE STATION NO. 2 TESTING & INSPECTION SERVICES TASK GROUP TIME & MATERIALS Field Technician $39,835 Project Management $2,742 Laboratory Testing $3,761 TOTAL (Not-to-Exceed) $46,338 CONTRACTOR Atlas Technical Consultants LLC (name of Contractor) (name of Contractor) By: By: (sign here) (sign here) Mehrnoush Yavary, Branch Manager (print name/title) (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ________________________________ Date: _________________________ Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ____________________________ Assistant City Attorney /// DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 3/17/2022 PSA22-1637CA Appendix "A" DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 A .... A e. ____,., I L i ~ PSA22-1637CA Appendix "A" (continued) DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 PSA22-1637CA Appendix "A" (continued) DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 A ... I ~ _ T, IC). _____ PSA22-1637CAAppendix "A" (continued) DocuSign Envelope ID: D85EEADB-4350-4B06-B9E9-A82B47E7C3B8 Holder Identifier : 7777777707070700077761616045571110777617116304557207453136772406310073650566157330020772415113066010307462451722265013074637625321337600727604453245331307304011352270130076727242035772000777777707000707007 7777777707070700073525677115456000732111516036202307033226343172000070233363420621100702233725217200007133326343173011071333362430730100713323635316200107133236253172001077756163351765540777777707000707007Certificate No : 570091470190 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/01/2022 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). 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. PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 5555 San Felipe Suite 1500 Houston TX 77056 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 16535Zurich American Ins CoINSURER A: 26387Steadfast Insurance CompanyINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Atlas Technical Consultants, Inc.Atlas Technical Consultants Holdings LP13215 Bee Cave ParkwayBuilding B, Suite 230Austin TX 78738 USA COVERAGES CERTIFICATE NUMBER:570091470190 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 POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $5,000 $2,000,000 $6,000,000 $4,000,000 B 11/13/2021 11/13/2022GPL021708506 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $5,000,000A11/13/2021 11/13/2022 COMBINED SINGLE LIMIT (Ea accident)BAP 0217109-06 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $2,000,000 $2,000,000 11/13/2021UMBRELLA LIABB 11/13/2022SXS021707706 RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-PER STATUTEA11/13/2021 11/13/2022 AOS WC730665100A 11/13/2021 11/13/2022 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC021711106 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Name: All projects with City of Carlsbad/CMWD. City of Carlsbad/CMWD is included as Additional Insured in accordance with the policy provisions of the General Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad/CMWD 5950 El Camino Real Carlsbad CA 92008 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ~ I AC~Re>® ~ I -D □ - - ~ □ □ - -- -- -- -H I I I I I C ATLAS TECHNICAL CONSULTANTS HOLDINGS LP AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services Southwest, Inc. 570000080236 570091470190 570091470190 Page _ of _ Atlas Technical Consultants, Inc. SCHEDULE OF NAMED INSUREDS Alta Vista Engineering Services AG Alta Vista Solutions Inc. Arrow ATC Holdings, LLC Arrow Environmental Holdings LP Arrow Environmental Holdings, GP LLC ATC Associates of North Carolina, PC ATC Associates of Ohio, LP ATC Associates, Inc. ATC Construction Services, Inc. ATC Engineering of Michigan, LP ATC Engineering, LLPATC Environmental, Inc.ATC Group Holdings LLCATC Group Partners LLCATC Group Services LLCATC Holding, Inc.ATC Leasing Company, LLCATC New England Corporation ATC Sole Member LLC Atlantic Engineering Laboratories of New York, Inc. Atlantic Engineering Laboratories, Inc. Atlas Intermediate Holdings LLC Atlas TC Holdings LLC Atlas Technical Consultants LLC Atlas Technical Consultants Sole Member LLC Atlas Technical Consultants, Inc. Bananza Industries, Inc. BCM Engineering, Inc. Beest Express, LLC Caitcon, LLC Cardno ATC (MA), Inc.CEL Consulting, LLCConsolidated Engineering LaboratoriesDexter ATC Field Services LLCDexter Field Servvices, LPEngineering & Testing Services LLCEngineering Services, LLCEnvironmental Compliance Services, Inc.ETS-ESC Holdings LLC Geosphere Consultants, Inc. HES Testing, LLC Long Engineering, Inc. Long Engineering, LLC Materials Testing & Inspection, LLC O'Neil Service Group, LLC Oris Solutions, LLC Pavetex Engineering, LLC (dba PaveTex) Piedmont Geotechnical Consultants, LLC Pipeline Environmental Services Plant Services Quality Assurance Engineering, Inc.Rocky Mountain PSI, LLCSage ATC Environmental Consulting LLCSage ATC Environmental Holding LLCSage ATC Environmental Holdings LLCSage Engineering, Inc.Sage Environmental Consulting, LPSage Environmental Holdings, LLCSCST, LLC Southwest Geophysics, LLC The Environmental Institute United Testing, LLC WesTest, LLC Wilkins Environmental Consulting, Inc. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I 30th November DocuSign Envelope ID: C085F92F-3F61-4859-BE9B-81C4254CA5B9 MASTER AGREEMENT FOR GEOTECHNICAL SERVICES ATLAS TECHNICAL CONSULTANTS, LLC. (Attachment X) PSA22-1637CA THIS AGREEMENT is made and entered into as of the ______ day of ________ , 2021, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and ATLAS TECHNICAL CONSULTANTS, LLC., a Delaware limited liability company, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a consulting firm that is experienced in the geotechnical field. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to geotechnical. D. Contractor has submitted a proposal to City under Request for Qualifications (RFQ) No. 21-1449CA and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified.in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2021, through November 30, 2024. The City Manager may amend the Agreement to extend it for one. ( 1) additional one ( 1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and·be completed within the time specified iri the Task Description for the project (see paragraph 5 below). Extensions of time for a specific 1 of 11 DocuSign Envelope ID: CD85F92F-3F61-4859-BE9B-81C4254CA5B9 PSA22-1637CA Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated ·unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred thousand dollars ($200,000) per Agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will-include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to tt,e Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 2 of 11