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HomeMy WebLinkAboutGeosyntec Consultants Inc; 2020-07-28; PSA21-1157UTILPSA21-1157UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR WATER/RECYCLED WATER ENGINEERING SERVICES GEOSYNTEC CONSULTANTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and GEOSYNTEC CONSULTANTS, INC., a Florida corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in geotechnical engineering services. B. Contractor has the necessary experience in providing professional services and advice related to geotechnical engineering services. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD 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 one (1) year from the date first above written. The Executive 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, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 thirty thousand four hundred fifty dollars ($34,500). 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 amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 28th July PSA21-1157UTIL General Counsel Approved Version 6/12/18 2 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 3 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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. 11. 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive 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. CMWD, 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 CMWD as an additional insured. 11.1.1 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. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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 CMWD's satisfaction, a declaration stating this. 11.1.4 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. DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 4 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12. 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. 13. 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 CMWD 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 three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. /// /// /// DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Stephen Kash Name Veryl Wittig Title Senior Engineer Title Contract Manager Carlsbad Municipal Water District Address 16644 West Bernardo Dr., Ste 301 Address 5950 El Camino Real San Diego, CA 92127 Carlsbad, CA 92008 Phone 619-884-6552 Phone 760-603-7350 E-mail vwittig@geosyntec.com 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. 17. 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 in all categories. Yes ☒ No ☐ 18. 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 that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 CMWD 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 Executive Manager. The Executive Manager will consider the facts and solutions recommended DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 6 by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive 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. 21 TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 22. 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, CMWD will have the right to annul this 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD 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 CMWD, 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 CMWD 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 CMWD to terminate this Agreement. DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 7 24. JURISDICTION AND VENUE 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, which shall not be unreasonably withheld. 26. 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 8 27. 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. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad GEOSYNTEC CONSULTANTS, INC. a Florida corporation By: By: (sign here) Vicki V. Quiram, General Manager Peter Zeeb, President & CEO (print name/title) By: (sign here) Greg Corcoran, Secretary (print name/title) If required by CMWD, 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: CELIA A. BREWER, General Counsel By: _____________________________ Assistant General Counsel DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PSA21-1157UTIL General Counsel Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 16644 West Bernardo Drive Suite 301 San Diego, CA 92127 PH 858-674-6559 FAX 888-314-9476 www.geosyntec.com 29 May 2020 VIA EMAIL Mr. Stephen Kash, P.E. Senior Engineer Department of Public Works City of Carlsbad Subject: Proposal for Geotechnical Investigation Palomar Airport Waterline Realignment Study Carlsbad, California Dear Mr. Kash: Geosyntec Consultants (Geosyntec) is pleased to submit to the Carlsbad Municipal Water District (CMWD) this proposal to perform a geotechnical investigation at the Palomar Airport located in Carlsbad, California. This proposal was prepared in response to your 15 April 2020 email request to conduct a geotechnical investigation in support of engineering design and construction activities associated with the planned Palomar Airport Waterline Realignment Study (Project). BACKGROUND Based on communication with you, it is our understanding that CMWD is planning to replace existing segments of a 10-inch steel potable waterline (Segments C and D) in addition to rerouting a segment of the existing alignment (Alternative 1) with 10-inch PVC waterlines. Construction of the new waterlines are anticipated to be installed 4 to 5 feet below existing grade and consist of a carrier pipe (double walled) or fused sections of PVC pipe. Based on information provided by the CMWD, several segments of the proposed pipeline corridor are situated within approximately 100- feet of Units 1 and 2 of the Palomar Airport Landfill. Geosyntec understands that CMWD plans to submit a waiver to the State Water Regional Control Board (SWRCB) Division of Drinking Water prior to performing the proposed geotechnical investigation described herein. OBJECTIVES The objectives of the proposed geotechnical investigation are to characterize general and site- specific subsurface conditions along the pipeline corridor in support of engineering design to be performed by Infrastructure Engineering Corporation (IEC). To evaluate and characterize the subsurface conditions as well as support waiver submission to SWRCB, our investigation will include performing a desktop level study, site reconnaissance, field explorations, geotechnical laboratory testing, and preparation of engineering recommendations in support of pipeline design DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 2 and construction earthwork activities. The results of our geotechnical investigation will be presented in a letter report. SCOPE OF WORK This scope of work was developed based on information provided by CMWD. To meet the project objectives, Geosyntec proposes to perform the following scope of work: • Task 01 – Desktop Level Study • Task 02 – Site Reconnaissance and Work Plan • Task 03 – Exploratory Drilling • Task 04 – Geotechnical Laboratory Testing • Task 05 – Geotechnical Engineering Evaluation • Task 06 – Report Preparation and Project Management Detail for these tasks are provided in the following subsections. Task 01 – Desktop Level Study Geosyntec will perform an initial desktop review of the proposed pipeline corridor consisting of an evaluation of available satellite imagery using GoogleEarth™ and other readily ascertainable online sources, a review of published geologic literature, and a review of previous geotechnical studies performed within the area, if available. Additionally, Geosyntec will review historical information regarding the Palomar Airport Landfill including, but not limited to, the approximate limits of waste, lining and capping status, ongoing landfill monitoring, and anticipated leachate conditions. The purpose of the desktop review will be to provide information to support waiver submission to SWRCB and evaluate available geologic, geomorphic, and geotechnical information along the proposed pipeline corridor to expand our understanding of the anticipated subsurface conditions and inform our approach for subsequent field investigations (Task 3). Geosyntec will also review pertinent project information provided by CMWD to evaluate potential access constraints along the corridor and other considerations that may impact the methods of proposed exploration. Task 02 – Site Reconnaissance and Work Plan Pre-Field Activities Pre-field activities to be performed as part of Task 2 will include preparing a Community Health and Safety Plan (CHASP) describing field work and monitoring to be performed to address potential hazards to the nearby community as a result of the proposed subsurface soil investigation DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 3 work. Geosyntec will provide the CHASP to CMWD, and CMWD will provide the CHASP to the County for review and approval by the Local Enforcement Agency (LEA). Prior to mobilizing field personnel and equipment to the site, Geosyntec will prepare a site-specific Health and Safety Plan (HASP), in accordance with California Occupational Safety & Health Administration (Cal OSHA) requirements. The HASP will address potential hazards associated with our scope of work. The HASP will also include directions to the nearest emergency medical facility and urgent care facility. Additionally, prior to commencing our site reconnaissance, Geosyntec will coordinate with CMWD and San Diego County Department of Public Works (DPW) Airports and Closed Landfill personnel to assess potential access and/or site restrictions for the proposed site walk and adjust as needed. Permitting Due to the proposed depth of exploration and our understanding that it is unlikely groundwater will be encountered within the limits of explorations, boring permits from the San Diego County Department of Environmental Health (DEH) will not be required for the proposed explorations. In the event groundwater is unexpectedly encountered in any of the exploration locations, Geosyntec will notify the appropriate county departments and submit an after-the-fact permit application, as necessary. Effort for after-the-fact permit application preparation and/or permit fees are not assumed in the estimated cost detailed herein. Based on our communication with DPW, a one-day right-of-entry (ROE) permit will be required for performing this investigation at the Palomar Airport. It is anticipated that approval for ROE permit applications may take up to 10 business days. Site Reconnaissance Our site reconnaissance will include a ground review of project alignment to evaluate current site conditions that would be conducted at the time of the designated site walk to be coordinated by Geosyntec. The objective of the site reconnaissance is to confirm ground-level conditions, assess potential access restraints (e.g., existing road conditions, overhead utilities, etc.) prior to mobilizing drilling equipment, confirm locations for the exploratory borings in the field, and to coordinate access and logistical issues with Airport and Closed Landfill personnel. Prior to or during the site walk for each project site, Geosyntec anticipates that CMWD will provide information as to the locations of the waterlines based on the latest alignment plans as detailed on the Alignment Alternatives for Pipeline Segments A and B presented as Attachment 1 to this proposal. Exploration locations will be delineated in the field using white paint, wooden stakes, or survey flagging (as appropriate), and Geosyntec will facilitate utility clearance by Underground Service Alert Southern California (DigAlert). Geosyntec will also coordinate a surface geophysical survey to assess the presence of underground utilities or other anomalies (voids, backfilled excavations, etc.) in the vicinity of proposed exploratory borings. Any potential surface or DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 4 subsurface conditions that might impact mobilization or significantly delay implementation of the exploratory drilling will immediately be communicated to appropriate CMWD and DPW personnel. Work Plan To support the project, the CMWD has requested that Geosyntec prepare a work plan for characterizing subsurface conditions at the Palomar Airport. Following completion of our site reconnaissance, Geosyntec will prepare a work plan which will include descriptions of the proposed field activities and locations of the proposed exploratory borings. The Work Plan will be submitted as draft for CMWD and DPW review and comment one week following completion of our site reconnaissance. The draft and final Work Plans will be submitted in electronic format. It is assumed that one set of consolidated CMWD and DPW comments will be addressed for the draft work plan. Task 03 - Exploratory Borings At least 48 hours prior to commencing any ground disturbing activities, Geosyntec will contact DigAlert to identify the potential presence of underground utilities at the proposed exploration locations with the utility agencies notified. An additional site visit to meet with utility service advisors is not assumed. It is assumed DPW will provide site access and a Stand By (if required) for the proposed activities. Geosyntec will also coordinate with the CMWD project management team and DPW lead to determine a mobilization date to perform field explorations at the project site. Up to four exploratory borings (approximately 8-inches in diameter) will be drilled by Baja Exploration, a subcontractor to Geosyntec, along the pipeline corridor. The purpose of the explorations will be to characterize the subsurface conditions for subsequent engineering evaluation (Task 05) in support of engineering design for the proposed underground pipelines. The proposed borings are planned for the following locations: • One boring between Buildings 2026 and 2036 (Segment C); • One boring between Buildings 2208 and 2210 (Segment D); • One boring east of Building 2188 (Alternative 1); and • One boring along Aircraft Road (Alternative 1). Actual boring locations will be determined during the site reconnaissance based on conditions such as equipment access, presence of identified utilities, and future site plans to be provided by the CMWD. Each of the explorations will be advanced with rubber track-mounted drill rig utilizing a hollow-stem auger (HSA) drilling technique. Based on the anticipated design depths of the proposed waterlines, it is anticipated the HSA borings will be advanced to a maximum depth of DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 5 approximately 10 feet below ground surface (feet bgs). However, this depth will be adjusted as necessary dependent on the encountered subsurface conditions. During drilling, grab samples will be collected from drill cuttings and drive samples will be collected at least every 2.5 feet. Drive samples will alternate between a 2.5-inch diameter Standard Penetration Test (SPT) sampler and a 3-inch diameter modified California (ModCal) sampler. The samplers will be driven approximately 18 inches to facilitate lithologic logging, to obtain in-situ density information, and to collect samples for laboratory testing. Sampling will be performed to the proposed exploration depth or sampler refusal. It is anticipated that the exploratory borings will be completed during one day in the field. The test borings will be logged by a Geosyntec geologist or engineer in accordance with guidance in ASTM International Test Standard (ASTM) D5434, based on the recovered soil samples and soil cuttings. Boring logs detailing a description of the subsurface conditions, relative densities of the subsurface materials, sample intervals/depths, and groundwater levels (if encountered) will be prepared for inclusion in the preliminary data and final geotechnical investigation reports. Upon completion of drilling activities, the exploratory borings will be backfilled in accordance with DEH requirements. Surface completions at each boring location will be patched using concrete and/or Perma-Patch (or equivalent) to match the surrounding conditions, to the extent feasible. Locations of the exploratory borings will be surveyed using a handheld GPS and boring elevations will not be surveyed. Remaining soil cuttings, if present, will be thin spread at the site, or otherwise managed by CMWD personnel, if required. This proposal does not include costs to containerize, characterize, or dispose of soil cuttings. Although we do not anticipate encountering waste or potentially hazardous materials at the proposed exploration locations, we can perform environmental waste characterization testing and facilitate waste/soil disposal if requested for a corresponding increase in our scope and fee. If waste is encountered or if soil contamination is suspected, we will immediately notify the CMWD Project Lead, containerize waste or suspected contaminated material, and collect soil samples for analytical laboratory testing, as directed. Task 04 – Geotechnical Laboratory Testing Select grab and driven samples will be sent to our geotechnical laboratory testing subcontractor for expedited testing. Laboratory testing will include specific analyses to assist in evaluating the soil engineering characteristics at the Project site. Geotechnical laboratory testing will be performed according to appropriate ASTM International testing procedures (as noted below), and may include the following tests: • Moisture content (ASTM C566, D2216); • Dry unit weight (ASTM D2937); • Grain size distribution (ASTM C136, D422); DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 6 • Atterberg limits (ASTM D4318), if fine grain soils are encountered; • Modified Proctor (ASTM D1557) for laboratory compaction; • Direct shear (ASTM D3080); and • Corrosivity Testing (soluble chlorides and sulfates, pH, and resistivity). A summary of laboratory testing results will be included in the geotechnical investigation report and results for each test performed will be included in an appendix to the report. Task 05 – Geotechnical Engineering Evaluation Upon completion of the field exploration and laboratory testing for each project site, Geosyntec will perform a geotechnical engineering evaluation based on the site subsurface soil conditions and develop recommendations in support of project design. We understand specific design information for the proposed project sites, or information on associated project components is not available at this time. However, based on information provided by CMWD we assume that the following will be required for site planning and design: • Site surface and subsurface conditions; • Geologic and flood hazards; • Earthwork and on-site grading recommendations; • Shallow foundation recommendations including bearing capacity; • Soil modulus; • Pipe flexibility; • Pipe bedding; • Liquefaction potential; • Concrete slab on-grade recommendations; • Retaining walls, • Trenching, and shoring; • Thrust block recommendations; • Flexible pavements (if included as part of the proposed design); and • Review of construction drawings (to be provided by IEC). DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 7 Task 06 – Report Preparation and Project Management Upon completion of our field investigation, laboratory testing program, and geotechnical engineering evaluation, we will provide conclusions and recommendations for project design and construction in a written geotechnical investigation report. Our deliverable will also include boring logs and a scaled map showing the site and the approximate locations of the field explorations and various project components (if available). The report will be signed and sealed by a Certified Engineering Geologist and/or Professional Engineer licensed in the State of California. We will also interface with CMWD personnel, as necessary, to ensure that our engineering recommendations address the necessary project planning and design elements. SCHEDULE Performance of the desktop level study (Task 1) will begin immediately upon receiving written notice to proceed. The site reconnaissance and preparing the work plan (Task 2) will commence upon receipt of the SWRCB waiver approval. Our exploratory drilling program (Task 3) will commence upon confirmation of subcontractor availability and coordination of site access by the CMWD and DPW. It is estimated that field activities will be completed in two days and laboratory testing (Task 4) may take up to three weeks to complete. The geotechnical engineering evaluation (Task 5) will be completed within one week of receipt of final laboratory testing results. A draft deliverable for the geotechnical investigation will be provided to CMWD in MS-Word and Adobe.pdf formats for review and comment within one week of completing the geotechnical engineering evaluation. The draft geotechnical investigation report will be finalized within 5 business days of receipt of comments/edits by CMWD personnel. To meet the proposed schedule, every attempt to recognize efficiencies in the project schedule will be made by overlapping activities to the extent possible. Uncertainty as a result of the COVID-19 pandemic is impacting operations in every aspect of our economy. In this proposal we have presented Geosyntec’s anticipated budget and schedule for the scope of work described. As circumstances change, we may need to adjust how and when the scope is delivered as well as any other impacts to the budget and schedule. In the event that a change is required we will discuss the situation with you so we can reach a mutually acceptable solution. ESTIMATED BUDGET We propose to perform these services on a time-and-materials basis, for an estimated not-to-exceed total amount of $34,500. The task level breakdown of our estimated budget is based on our understanding of the project, site conditions, and noted assumptions, as summarized in Table 1 on the following page. DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 8 Table 1 - Estimated Budget TASK DESCRIPTION Estimated Labor Estimated Direct & Subcontract Costs Estimated Total Budget Task 1 - Desktop Level Study $3,200 - $3,200 Task 2 – Site Reconnaissance and Work Plan $5,800 $2,500 $8,300 Task 3 – Exploratory Drilling $2,400 $5,200 $7,700 Task 4 – Geotechnical Laboratory Testing $1,000 $3,900 $4,900 Task 5 – Engineering Evaluation $4,900 - $4,900 Task 6 – PM, Meetings, and Reporting $5,500 - $5,500 Total Budget $34,500 ASSUMPTIONS The following key assumptions were used to develop this scope of work: • Access to all project areas will be coordinated by CMWD and DPW. Potential access delays to proposed exploration sites may result in an extension of the anticipated project schedule. • Keys to access proposed exploration locations behind locked gates and fencing will be provided by CMWD, if required. • No PPE beyond OSHA Level D will be required during the site investigation program. • Costs associated with permitting through the San Diego County DEH if shallow groundwater is encountered is not assumed. Labor and fees for preparing after-the-fact permitting is not included in the estimated cost. • Costs associated with analytical testing, containerizing, and/or disposal of drill cuttings or potentially contaminated materials is not assumed. However, these services can be performed at additional cost, if requested. • It is assumed that soil cuttings generated during drilling activities, if present, will be thin spread at the site, or otherwise managed by CMWD personnel, if required. • Specific project design components not listed herein were not available at the time of proposal preparation. We assume pertinent information as it becomes available will be DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 9 provided by CMWD for consideration as they pertain to our engineering recommendations. Should the project components differ appreciably from what is included herein, scope and cost associated with this proposal may change. • It is assumed a seismic design evaluation in accordance with the California Building Code (CBC) is not required for the proposed geotechnical investigation. Costs associated with a seismic design evaluation is not assumed. • Additional expense associated with site specific training or health and safety requirements not described herein is not included in the estimated cost. • It is anticipated that any environmental (biological, cultural, paleo, dust monitoring, etc.) permitting and/or monitoring required to evaluate environmental conditions for these projects will be performed by others and is not included in our proposed scope of work. • It is assumed that the geotechnical lab testing program can be completed under normal turnaround time as specified herein. Costs associated with expedited laboratory testing is not assumed. • Professional services for the geotechnical investigation will be provided within a singular invoice billed to CMWD on a monthly basis as necessary. CLOSING Please indicate your authorization by signing below and returning a scanned copy of the signed proposal. We appreciate the opportunity to provide you this proposal and look forward to working closely with CMWD on this important project. If you have any further questions, please contact the undersigned. Sincerely, Geosyntec Consultants, Jared Warner, P.G., C.E.G. Veryl Wittig, P.G., C.H.G. Project Engineering Geologist Senior Principal 858.692.3789 619.884.6552 DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 Mr. Kash 29 May 2020 Page 10 Attachments: Attachment 1 – Alignment Alternatives for Pipeline Segments A and B Attachment 2 – Geosyntec Rate Schedule APPROVED AND ACCEPTED: City of Carlsbad Department of Public Works By: __________________________ _______________ Stephen Kash, P.E. Date DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 ATTACHMENT 1 Alignment Alternatives for Pipeline Segments A and B DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 PA S SENGER TERM I N A L BU I LD ING BLDG2100 BLDG2188BLDG 2056BLDG2036BLDG2026BLDG2210BLDG2208T-HANGERSAIRCRAFT ROADBLDG 2150IECNE N G I N E E R I N G C O R P O R A T I O NFIGUREPALOMAR AIRPORT WATERLINE REALIGNMENT STUDY4LEGEND:EXISTING WATERLINE TOREMAINALTERNATIVE 1ALTERNATIVE 2ALTERNATIVE 3EXISTING WATERLINE TOBE REPLACEDEXISTING WATERLINE TOBE ABANDONED10" ST L WTR , ABN IN P LACE10" STL WTR, ABN IN PLACE10" STL WTR, REPLACEWITH 10" PVC10" STL WTR,REPLACE WITH 10" PVCCONNECT TO EXISTING12" AT TEE ANDREPLACE EXISTING 8"ACP STUB TO THE WESTALIGNMENT ALTERNATIVES FOR PIPELINE SEGMENTS A AND BNot selectedSegment CSegment DDocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 ATTACHMENT 2 Geosyntec Rate Schedule DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 RATES 2020 Municipal GEOSYNTEC CONSULTANTS 2020 RATE SCHEDULE Rate/Hour Staff Professional $125 Senior Staff Professional $135 Professional $155 Project Professional $180 Senior Professional $205 Principal $220 Senior Principal $235 Engineering Technician $75 Senior Engineering Technician $90 Site Manager I $100 Site Manager II $115 Construction Manager $125 Senior Construction Manager $150 Designer $135 Senior Drafter/Senior CADD Operator $125 Drafter/CADD Operator/Artist $100 Project Administrator $ 70 Clerical $ 60 Direct Expenses Cost plus 10% Subcontract Services Cost plus 10% Specialized Computer Applications (per hour) $ 12 Personal Automobile (per mile) Current Gov’t Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services (PPI). Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. DocuSign Envelope ID: 7F6547A6-EC83-4682-A696-6721EFB4EAB6 INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) 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) COMMERCIAL GENERAL LIABILITY 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 INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 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. 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Aspen American Insurance Company Allied World Assurance Company (U.S.) New Hampshire Ins. Co. 7/20/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Carly Underwood 770.552.4225 866.550.4082 carly.underwood@greyling.com Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 19445 43460 19489 23841 20-21 A X X X X 5268179 04/01/2020 04/01/2021 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A A X X X 4489673 (AOS) 4489674 (MA) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 2,000,000 B X X X 0 CX005GA20 04/01/2020 04/01/2021 2,000,000 2,000,000 D A N 015893709 (AOS) 015893710 (CA) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 X 1,000,000 1,000,000 1,000,000 C Prof Liab (PL)/ Contr. Poll (CPL) 03122723 04/01/2020 04/01/2021 Each Act $2,000,000 Aggregate $2,000,000 Re: Agreement #PSA21-1157UTIL; Water and Recycled Water Engineering Services. The City of Carlsbad is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date (See Attached Descriptions) City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 1 of 2 #S2318061/M2071698 GEOSCONSClient#: 25361 CUND1 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2 #S2318061/M2071698 5268179 5268179 This page has been left blank intentionally. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 0-4 IO 1 / 2020 Issued to GEOSYNTEC CONSULTANTS, I NC. forms a part of Policy No. WC 015893710 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by __________________ /4_ � __ _ Authorized Representative This page has been left blank intentionally.