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HomeMy WebLinkAboutAtlas Technical Consultants LLC; 2024-08-01; PSA25-3488UTILPSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR CANNON LIFT STATION IMPROVEMENTS GEOTECHNICAL SERVICES ATLAS TECHNICAL CONSULTANTS, LLC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Atlas Technical Consultants, LLC, a Delaware limited liability company ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in delivering expert services and guidance specifically related to geotechnical aspects relevant to the installation of a groundwater monitoring well and the collection of groundwater assessment data for Cannon Lift Station. B. Contractor has the necessary experience in delivering expert services and guidance specifically related to geotechnical aspects relevant to the installation of a groundwater monitoring well and the collection of groundwater assessment data for Cannon Lift Station. C. Contractor has submitted a proposal to City 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. 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 two hundred sixty days (260) working days from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year(s) 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. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-one thousand six hundred sixty-eight dollars and fifty cents ($41,668.50). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the original Agreement amount shall carry over into the next Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D 1st August PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 2 Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PUBLIC WORKS 6.1 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 constitute “public works” under California Labor Code section 1720 et seq. and 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 3 specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. 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 the 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. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 4 final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 5 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 6 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Neil Irani Name Morteza Mirshekari Title Utilities Associate Engineer Title Project Manager Department Public Works Address 6280 Riverdale Street City of Carlsbad San Diego, CA 92120 Address 5950 El Camino Real Phone No. 619-880-8996 Carlsbad, CA 92008 Email Morteza.Mirshekari@oneatlas.com Phone No. 442-339-2305 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 7 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering Sixty (60) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 8 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California ATLAS TECHNICAL CONSULTANTS, LLC, a Delaware limited liability company By: By: (sign here) AMANDA L. FLESSE, Utilities Director, as authorized by the City Manager Jeffrey R. Baudour Director of CMT & Field Services (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D July 31st PSA25-3488UTIL City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE City requires the professional services of a consultant that is experienced in delivering expert services and guidance specifically related to geotechnical aspects relevant to the installation of a groundwater monitoring well and the collection of groundwater assessment data for Cannon Lift Station. We will provide the outlined scope of work in Exhibit “A” for a time and materials fee with the optional scope of services added for a total amount of $41,668.50. [Scope details on following pages] Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Proposal No. 24-05861R Page | 1 9085 Aero Drive, Suite B San Diego, CA 92123 (877) 215-4321 | oneatlas.com June 27, 2024 Proposal No. 24-05861R MR. NEIL IRANI, PE ASSOCIATE ENGINEER CITY OF CARLSBAD 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 SUBJECT: Proposal to Provide Geotechnical Services Cannon Road Lift Station Monitoring Well Cannon Road, Carlsbad, California Dear Mr. Irani: Atlas Technical Consultants LLC (Atlas) is pleased to present this revised proposal to provide geotechnical services for the subject project. The project site is located at the Cannon Road Lift Station on Cannon Road in Carlsbad, California. We understand that you would like a groundwater monitoring well installed at the facility. Additionally, you have requested that Atlas provide, as an option, geotechnical soil sampling and analysis during well construction, groundwater monitoring, sampling, and analysis, as well as slug testing at the site. Preparation of this proposal has included review of preliminary project plans, as well as relevant geologic maps and documents. SCOPE OF WORK The purpose of our proposed services will be to provide a geotechnical services at the site and provide information regarding groundwater conditions. Specifically, our scope of work will consist of the following: • A review of relevant geologic maps and documents • Coordinating site access with you • Obtaining a groundwater monitoring well installation permit from the County of San Diego Department of Environmental Health and Quality (DEHQ) • Marking out the site in accordance with the California Underground Service Alert (DigAlert) requirements • Use of our in-house geophysical team to clear the proposed monitoring well location of potential subsurface conflicts Exhibit "A" Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Proposal No. 24-05861R Page | 2 • Drilling one boring within the project limits to a depth of approximately 25 feet below the ground surface or refusal, whichever is less, using a truck-mounted hollow-stem auger drill rig. We assume the boring can be located in readily accessible areas of the site. Cuttings generated during drilling will be removed from the site. • An Atlas engineer or geologist will log the boring and obtain samples for examination and laboratory testing. • Upon completion of the boring, the boring will be converted to a groundwater monitoring well with flush mount, traffic-rated well completion boxes. The monitoring well will be developed in accordance with DEHQ guidelines within 48 hours of completion. • An Atlas engineer or geologist will log the boring and record groundwater levels before well construction, as well as during and after well construction. • Atlas will return to the site within 24 hours after well development to obtain water level readings. • At the request of the City, Atlas will destroy the groundwater monitoring well in accordance with the permit requirements and County of San Diego Regional Standard Drawing G-29. Optional Services At your request and authorization, Atlas will perform the following optional services: • Performing geotechnical laboratory testing on selected soil samples collected during well installation. The soil samples will be analyzed for the following: • Sieve Analysis with Hydrometer • Atterberg Limits Testing • Performing field slug testing within the monitoring well. The slug testing will be performed in accordance with ASTM Method 4044D-15 and United States Environmental Protection Agency Standard Operating Procedure No. 2046. • Analyzing, compiling, and reporting the field slug test data. An estimation of approximate hydraulic conductivity at the location of the monitoring well will be provided. • After performing the slug testing, Atlas will return to the site and collect representative groundwater samples from the well for environmental laboratory analysis. Three sampling and analysis events will be performed. During each event, the monitoring well will be purged prior to sampling in accordance with County of San Diego Department of Environmental Health and Quality (DEHQ) Site Assessment and Mitigation (SAM) Manual protocols. The groundwater sample analysis will include the following as per Encina Wastewater Authority guidelines: • Total Arsenic • Total Boron • Total Cadmium • Total Chromium • Total Copper • Total Iron • Total Lead Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D ____,. ... I A 'I L 1 Proposal No. 24-05861R Page | 3 • Total Manganese • Total Mercury • Total Molybdenum • Total Nickel • Total Selenium • Total Silver • Total Zinc • Oil and Grease • Total Toxic Organics • Total Dissolved Solids • Benzene • Biochemical Oxygen Demand (EPA 405.1) • Total Suspended Solids • pH (at time of sampling) • Temperature (at time of sampling) • A standard 10-day turn around time will be requested for sample analysis. Please note that slug testing can only provide an estimate of hydraulic conductivity within the immediate vicinity of the well. As such, performing the slug testing at limited locations across the site will only serve to provide approximate hydraulic conductivity at those locations, which can be used as part of the preliminary cost estimating efforts. In our experience, hydraulic conductivity values can vary by orders of magnitude across the project area. Therefore, obtaining representative hydraulic conductivity for the final design of a dewatering system will warrant additional testing. At the completion of our field and analytical services, we will prepare a final report that will include a plot plan, the exploration log, and a summary of our groundwater monitoring and sampling. Atlas will submit an electronic copy of the report to the City. The report will include conclusions and recommendations regarding the subsurface conditions beneath the site and the groundwater levels observed during our investigation. Specifically, our report will include the following: • A plot plan showing the boring locations • Exploration logs with soil characterization detailing subsurface conditions noted at the boring locations • Observed groundwater levels • Results of the groundwater sampling and analysis • Summary and results of optional services, if authorized Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D ____,. ... I A 'I L 1 Proposal No. 24-05861R Page | 4 PROJECT SCHEDULE Subsurface exploration work can be completed within two weeks after obtaining the required DEHQ and City of Carlsbad permits. Geotechnical laboratory testing can be completed within two weeks of the finish of monitoring well installation. Groundwater monitoring, sampling, and testing can be completed within approximately three weeks of monitoring well installation and development. The final report can be submitted within two weeks of completing the geotechnical and groundwater laboratory analyses. Preliminary information can be provided upon completing the laboratory tests, at your request. COST ESTIMATE We will provide the outlined scope of work for a time and materials fee of approximately $25,825.00. If the optional scope of services is added to the primary scope, the total will be $41,668.50. These fees are based on our existing Master Services Agreement with the City of Carlsbad and the understanding that this project is subject to prevailing wage law. A cost table presenting a breakdown of our estimate has been provided in this budget estimate. The cost of our services may exceed this estimate if unanticipated conditions are encountered that would warrant additional investigation or analysis. AUTHORIZATION This budget estimate will be valid for 90 days. 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 Morteza Mirshekari, PhD, PE Doug Skinner, PG, CEG Geotechnical Division Manager Senior Engineering Geologist DAS:NA:MM:af Attachment: Budget Estimate Summary Distribution: Addressee via email at Neil.Irani@carlsbadca.gov Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Cannon Road Lift Station Monitoring Well City of Carlsbad Budget Summary/Cost Estimate Table Total Cost Field Investigation - Well Installation & Destruction, Monitoring $19,957.00 Project Professional - Project Coordination 6 hours @ $145.00 /hour $870.00 Staff Professional - Permit Preparation 2 hours @ $120.00 /hour $240.00 DEH Permit (1 well, includes destruction) 1 permit @ $786.00 /permit $786.00 Staff Professional - Background Review 4 hours @ $120.00 /hour $480.00 Staff Professional - Logging, Well Development 16 hours @ $120.00 /hour $1,920.00 Coring Technician and Equipment 6 hours @ $166.00 /hour $996.00 Truck-Mounted Drill Rig (Well Installation) 12 hours @ $462.00 /hour $5,544.00 Staff Professional - Borehole Utility Locating 12 hours @ $120.00 /hour $1,440.00 Groundwater Monitoring Equipment 1 event @ $275.00 /event $275.00 Staff Professional -Well Destruction 8 hours @ $120.00 /hour $960.00 Truck-Mounted Drill Rig (Well Destruction) 8 hours @ $462.00 /hour $3,696.00 Concrete Driveway Repair per project requirements 1 event @ $2,750.00 /event $2,750.00 Optional Geotechnical Laboratory Testing (soil) $1,785.00 Sieve Analysis and Hydrometer 5 each @ $210.00 /each $1,050.00 Plasticity Index 5 each @ $147.00 /each $735.00 Optional Slug Testing $8,129.00 Senior Project Manager - Project Coordination 6 hours @ $190.00 /hour $1,140.00 Staff Professional - Slug Testing 12 hours @ $120.00 /hour $1,440.00 Senior Professional - Slug Testing 6 hours @ $165.00 /hour $990.00 Principal Professional - Slug Testing 4 hours @ $190.00 /hour $760.00 Slug Testing Equipment 1 event @ $475.00 /event $475.00 Staff Professional - Analysis & Report 12 hours @ $120.00 /hour $1,440.00 Senior Professional - Analysis & Report 6 hours @ $165.00 /hour $990.00 Principal Professional - Analysis & Report 4 hours @ $190.00 /hour $760.00 Administrative Assistant 2 hours @ $67.00 /hour $134.00 Optional GW Sampling and Environmental Analysis $5,929.50 Staff Professional - Groundwater Sample Collection (three 18 hours @ $121.00 /hour $2,178.00 Groundwater Monitoring & Sampling Equipment 3 events @ $275.00 /event $825.00 Total Arsenic Total Boron Total Cadmium Total Chromium Total Copper Total Iron Total Lead Total Manganese Total Mercury Total Molybdenum Total Nickel Total Selenium Total Silver Total Zinc Oil and Grease Benzene Total Dissolved Solids Total Toxic Organics Biochemical Oxygen Demand (EPA 405.1) Data Analysis and Report - Includes GW Destruction Report $5,868.00 Staff Professional 16 hours @ $120.00 /hour $1,920.00 Project Professional 12 hours @ $145.00 /hour $1,740.00 Senior Professional 6 hours @ $165.00 /hour $990.00 Principal Professional 2 hours @ $190.00 /hour $380.00 Drafter 6 hours @ $95.00 /hour $570.00 Administrative Assistant 4 hours @ $67.00 /hour $268.00 $25,825.00 $41,668.50 BUDGET ESTIMATE SUMMARY Project Atlas Proposal No. 24-05861R Client June 27, 2024 Master Agreement PSA22-1637CA TOTAL FOR GEOTECHNICAL INVESTIGATION AND OPTIONAL SERVICES GEOTECHNICAL INVESTIGATION Estimated Hours/Unit Rate/Unit TOTAL FOR GEOTECHNICAL INVESTIGATION 3 events @ $975.50 /event $2,926.50 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/13/202~ DATE (MM/DD/YYYY) ~ 10/27/2023 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 Lockian Insurance Brokers, LLC .. u .. '"" lo.lAI..IC+ 777 S. Figueroa Street, 52nd Fl. r .. ~~N,_t Cvtl• If~ Mn\• CA License #OF15767 E-MAIL Los Angeles CA 90017 •""n~oo. (213) 689-0065 INSURER/SI AFFORDING COVERAGE NAIC# INsuRERA: Steadfast Insurance Company 26387 INSURED Atlas Technical Consultants, Inc. INSURER B : Zurich American Insurance Comoanv 16535 ~ 530409 c/o Atlas Technical Consultants, Inc. INSURERC: 13215 Bee Cave Parkway INSURERD: Building B, Suite 230 Austin TX 78738 INSURER E: INSURER F: COVERAGES ATSl23 CERTIFICATE NUMBER: 19952798 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING 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 TER .. "' EXr.L• '"''""""' AND rn• DITlf",IJ<> '1c SI Ir1-1 Dnllr.lES LIMITS c:,1-1rnA"' MAY HAVE BEEN REDI l"ED BY PAID r.LA•••<> INSR TYPE OF INSURANCE ADDL SUBF POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYY IMM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY GPL 0217085-08 11/13/202~ 11/13/202• EACH OCCURRENCE $ 2 000 000 >--□ CLAIMS-MADE [K] OCCUR DAMA(.jE TU RENTED ,c, $ 100 000 X X,C,U Included MED EXP /Anv one oersonl $ 5 000 >--y y X Contractual Liab PERSONAL & ADV INJURY $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6 000 000 Fxi POLICY[K] ~rg:: [Kl LOG PRODUCTS -COMP/OP AGG $ 4 000 000 OTHER: Policv Aaareaate $6M $ B AUTOMOBILE LIABILITY BAP 0217109 08 11/13/2023 11/13/202~ COMBINED SINGLE LIMIT $ 5 000 000 I/Ea accident\ x ANY AUTO BODILY INJURY (Per person) $ xxxxxxx >--~ OWNED SCHEDULED y y BODILY INJURY (Per accident) $ xxxxxxx >--AUTOS ONLY ,__ AUTOS L HIRED L NON-OWNED lcpl~OPERTY,N1AMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY er accident $ xxxxxxx A UMBRELLA LIAB ~:OCCUR sxs 0217077-08 11/13/2023 11/13/202~ EACH OCCURRENCE $ 10 000 000 >--X EXCESS LIAB CLAIMS-MADE y y AGGREGATE $ 10 000 000 OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION X l~fli'TIITF I Iv.!~-B AND EMPLOYERS' LIABILITY Y/N WC0217111-08 11/13/2023 11/13/202~ ANY PROPRIETOR/PARTNER/EXECUTIVE [EJ NIA y E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1 000 000 If yes, descfibe under $ 1 000 000 DESCRIPTION OF OPERA TIO NS below E.L. DISEASE -POLICY LIMIT A Env Contr Poll GPL 0217085 08 11/13/2023 11/13/202~ Per Occur/Agg :$2, 000, 000/$6, 000, 000 A Env Prof (E&O) N N GPL 0217085-08 11/13/2023 11/13/202~ Per Claim/Agg:$2,000,000/$6,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder(s) are Additional lnsured(s) as per the attached endorsement or policy language. Insurance provided to Additional lnsured(s) is primary and non-contributory as per the attached endorsements or policy language. Waiver of subrogation applies as per the attached endorsements or policy language, where allowed by law. Notice of Cancellation applies as per attached endorsement or policy language. RE: Project Name: All projects with City of Carlsbad/CMWD. City of Carlsbad/CMWD CERTIFICATE HOLDER CANCELLATION see Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 19952798 AUTHORIZED REPRESENTATIVE City of Car1sbad/CMWD 5950 El Camino Real Carlsbad CA 92008 /:!:;( f 1--- © 1l:lllll-~Ul5'" ·-• --·" ~:-'-" 11uN. All r1 Ihts reserved g ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD The Excess Liability policy is excess of the underlying General Liability, Automobile Liability, Employers' Liability, Professional Liability, and Contractor's Pollution Liability. Excess Liability policy is following form of the underlying policies. The General Liability, Contractor's Pollution Liability and Professional Liability are part of a package policy. The Aggregate reflected for these coverages is a combined aggregate and not separate aggregates for each coverage. The General Liability policy includes blanket additional insured and Waiver of Subrogation endorsements that provide additional insured status to the certificate holder and Waiver of Subrogation only when there is a written contract between the named insured and the Certificate Holder that requires it, as permitted by law. The General Liability policy contains a special endorsement with “Primary and Noncontributory” wording. The Business Auto policy includes blanket additional insured and Waiver of Subrogation endorsements that provide additional insured status to the certificate holder and Waiver of Subrogation only when there is a written contract between the named insured and the Certificate Holder that requires it, as permitted by law. The Business Auto policy contains a special endorsement with “Primary and Noncontributory” wording. Contractor's Pollution Liability policy includes blanket additional insured and Waiver of Subrogation endorsements that provide additional insured status to the certificate holder and Waiver of Subrogation only when there is a written contract between the named insured and the Certificate Holder that requires it, as permitted by law. The Contractor's Pollution Liability policy contains a special endorsement with “Primary and Noncontributory” wording. The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, as permitted by law. Stop Gap coverage included. ND, OH, WA, WY. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D631186 Master ID: 1530409, Certificate ID: 19952798 a Additional Insured-Automatic-Owners, Lessees Or e ~ ZURICH Contractors Coverage Part One•Commercial General Liability Coverage Part Two-Contractor's Pollution Liability Policy No.Eff. Date of Pol.Exp Date of Pol.E ff Date of End.Producer Add? Prem.Return Ptem. GPL 0217085-08 11/13/2023 11/13/2024 11/13/2023 14317000 -- Named Insured and Mailing Address:Producer: ATLAS TECHNICAL CONSULTANTS, INC. 13215 BEE CAVE PKWY, BUILDING A, SUITE 250 AUSTIN, TX 78738. Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd fl. Los Angeles CA 90017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provded under the following: Environmental Services Package Policy [X]COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY [X] COVERAGE PART TWO-CONTRACTOR'S POLLUTION LIABILITY tWho 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 pol icy under a written contract or written agreement. 2. The insurance provided to the additional insured person(s) or organ zation(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; In the performance of: (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-competed 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, In the performance of: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or STF-E SP-101-F CW (04/13) Page 1 0f3 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D630735 Master ID: 1530409, Certificate ID: 19952798 (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: STF-E SP-101F CW (04/13) Page 2 of 3 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630735 Master ID: 1530409, Certificate ID: 19952798 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 noncontributory basis. 8. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement shaving 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-E SP-101-F CW (04113) Page 3 of 3 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630735 Master ID: 1530409, Certificate ID: 19952798 Waiver of Transfer of Rights of Recovery Against Others – Blanket as Required by Contract Policy No.Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End.Producer Add'l Prem.Return Prem. GPL 0217085-08 11/13/2023 11/13/2024 11/13/2023 14317000 Named Insured and Mailing Address:Producer: ATLAS TECHNICAL CONSULTANTS, INC. 13215 BEE CAVE PKWY, BUILDING A, SUITE 250 Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd fl. Los Angeles CA 90017 ---------- [ ] COVERAGE PART ONE – COMMERCIAL GENERAL [ ] COVERAGE PART TWO – CONTRACTOR’S POLLUTION [ ] COVERAGE PART THREE – PROFESSIONAL ITHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: X X X In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions that with respect to the coverage parts indicated above Conditions (Section V.) of the COMMON COVERAGE PROVISIONS, Condition 14. Subrogation is amended by the addition of the following: We waive any right of recovery we may have against any person or organization whom you are required to waive your right of subrogation by a written contract or written agreement executed and effective prior to the performance of your services which is the subject of such written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-248-A CW (04/10) Page 1 of 1 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D630736 Master ID: 1530409, Certificate ID: 19952798 ® ZURICH BAP 0217109 08 11/13/2023 11/13/2024 11/13/2023 14317000 Coverage Extension Endorsement – Liability Only Policy f No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. ------------------ _ 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. b. 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 an “employee’s” name, with your permission, while performing duties related to the conduct of your business. c. 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. d. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. e. 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 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 "a3c cident" 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 da" y because of time off from work. U-CA-428-A CW (02-14) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D630742 Master ID: 1530409, Certificate ID: 19952798 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. U-CA-428-A CW (02-14) Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630742 Master ID: 1530409, Certificate ID: 19952798 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. U-CA-428-A CW (02-14) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630742 Master ID: 1530409, Certificate ID: 19952798 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (This information below is required only when this endorsement is issued subsequent to preparation of the policy.) ENDORSEMENT EFFECTIVE:11/13/2023 ENDORSEMENT NO. POLICY NO. WC0217111-08 PREMIUM Insured: Insurance Company: WC 00 03 13 1983 National Council on Compensation Insurance. (Ed. 4-84) Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630768 Master ID: 1530409, Certificate ID: 19952798 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630768 Master ID: 1530409, Certificate ID: 19952798 SXS 0217077-08 14317000 ------------------- Named Insured and Mailing Address: ATLAS TECHNICAL CONSULTANTS,INC. 13215 Bee Cave Pkwy, Building A Suite 250 Austin, TX 78738 Producer: Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd fl. Los Angeles CA 90017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following is added to Definition G. of SECTION VI. DEFINITIONS, underlying insurance, as paragraph two (2): BY:_____________________________________________ Authorized Representative ______________________________________ Date 11/13/2023 11/13/2024 11/13/2023 Endorsement #09 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U-EXS-MAN-3 (04/99) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form Number – Form Name – Underlying Insurance Amendment Additional Insured Addl/Return Premium Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D631815 Master ID: 1530409, Certificate ID: 19952798 ® ZURICH 14317000 ------------------- Named Insured and Mailing Address: ATLAS TECHNICAL CONSULTANTS, INC. 13215 Bee Cave Pkwy, Building A Suite 250 Austin, TX 78738 Producer: Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd fl. Los Angeles CA 90017 SXS 0217077-08 11/13/2023 11/13/2024 11/13/2023 Endorsement # 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following is added to Condition I. Transfer of Rights of Recovery Against Others to Us of SECTION V. CONDITIONS as paragraph three (3) of Subsection 1.: Also, if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from any person or organization, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Signed by:_____________________________________________ ______________________________________________ Authorized Representative Date U-EXS-MAN-4 (4/99) Page 1 of 1 Waiver of Subrogation – Blanket Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D631816 Master ID: 1530409, Certificate ID: 19952798 <II) ZURICH Policy No.Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End.Producer Add'l Prem.Return Prem. GPL 0217085-08 11/13/2023 11/13/2024 11/13/2023 14317000 Named Insured and Mailing Address:Producer: ATLAS TECHNICAL CONSULTANTS, INC. 13215 BEE CAVE PKWY, BUILDING A, SUITE 250 Lockton Insurance Brokers, LLC 777 S. Figueroa, 52nd Floor Los Angeles, CA 90017 ---------- Blanket Notification to Others of Cancellation 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™ 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: Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D630738 Master ID: 1530409, Certificate ID: 19952798 ® ZURICH 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 mostrecent 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. STF-ENVL-1632-A CW (11/10) Page 2 of 2 Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630738 Master ID: 1530409, Certificate ID: 19952798 Blanket Notification to Others of Cancellation or Non-Renewal Policy No.Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End.Producer No.Add’l. Prem Return Prem. BAP 0217109 08 11/13/2023 11/13/2024 11/13/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A.If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1.Must be provided to us prior to cancellation or non-renewal; 2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3.Must be in an electronic format that is acceptable to us. B.Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1.Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2.At least 30 days prior to the effective date of: a.Cancellation, if cancelled for any reason other than nonpayment of premium; or b.Non-renewal, but not including conditional notice of renewal. C.Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1.Extend the Coverage Part cancellation or non-renewal date; 2.Negate the cancellation or non-renewal; or 3.Provide any additional insurance that would not have been provided in the absence of this endorsement. D.We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code : D631814 Master ID: 1530409, Certificate ID: 19952798 ® ZURICH WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. 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 11/13/2023 Policy No. WC0217111-08 Endorsement No. Insured Premium $ Insurance Company WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its perm ission. 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reser ved. Docusign Envelope ID: D45BC697-5220-4EE4-BC09-4A64390E133D Attachment Code: D630771 Master ID: 1530409, Certificate ID: 19952798