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Stearns, Conrad and Schmidt, Consulting Engineers Inc dba SCS Engineers; 2022-03-22; PSA22-1779ENV
PSA22-1779ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR SUSTAINABLE MATERIALS MANAGEMENT OUTREACH & EDUCATION SERVICES STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC. DBA SCS ENGINEERS THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2022, by and between the City of Carlsbad, a municipal corporation, ("City"), and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. a Virginia corporation d.b.a. SCS Engineers, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced insustainable materials management outreach and education. B.Contractor has the necessary experience in providing professional services andadvice related to sustainable materials management outreach and education. C.Contractor has submitted a proposal to City under Request for Proposal (RFP) No.22-1727ENV 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 WORKCity 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 PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of one (1) year from the date first abovewritten. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will beninety-nine thousand dollars ($99,000). No other compensation for the Services will be allowedexcept for items covered by subsequent amendments to this Agreement. If the City elects toextend the Agreement, the amount shall not exceed ninety-nine thousand dollars ($99,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until Cityhas 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: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 22nd March PSA22-1779ENV City Attorney Approved Version 6/12/18 2 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder 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 beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor or any agent, employee, or subcontractor of Contractor for work done under thisAgreement. At the City’s election, City may deduct the indemnification amount from any balanceowing to Contractor. 7.SUBCONTRACTINGContractor 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 indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorneys’ 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 orindirectly 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 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. 10.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, 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’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 3 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below unless the 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. 10.1.1 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. 10.1.2 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. 10.1.3 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. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 4 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 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. 11.BUSINESS LICENSEContractor will obtain and maintain a City of Carlsbad Business License for the term of theAgreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDSContractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring normal business hours to examine, audit, and make transcripts or copies of records andany other documents created pursuant to this Agreement. Contractor will allow inspection of allwork, 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. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct 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) copyof the work product for Contractor’s records. 14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City. 15.NOTICESThe name of the persons who are authorized to give written notice or to receive written notice onbehalf of City and on behalf of Contractor under this Agreement. For City Name Avecita Jones For Contractor Name Michelle Leonard Title Senior Program Manager Title Vice President Department Environmental Management Address 3900 Kilroy Airport Way #100 City of Carlsbad Long Beach, CA 90806 Address 1635 Faraday Avenue Phone No. 626-322-3823 Carlsbad, CA 92008 Email MLeonard@scsengineers.com Phone No. 760-602-7542 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. DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 5 16.CONFLICT OF INTERESTContractor 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 reportinvestments or interests in all categories. Yes ☒ No ☐ 17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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. 18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactoryto the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. TheCity Manager will consider the facts and solutions recommended by each party and may then optto direct a solution to the problem. In such cases, the action of the City Manager will be bindingupon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. 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. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. Based upon that finding City 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 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 DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEESContractor 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 thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof this warranty, City 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 thefee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITSBy signing this Agreement, Contractor agrees that any Agreement claim submitted to City mustbe asserted as part of the Agreement process as set forth in this Agreement and not in anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted to City, it may be considered fraud and Contractor may be subject to criminalprosecution. 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 personknowingly submits a false claim to a public entity. These provisions include false claims madewith 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 torecover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of afalse 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 fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds for City to terminate this Agreement. 23.JURISDICTION AND VENUEAny action at law or in equity brought by either of the parties for the purpose of enforcing a rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty of San Diego, State of California, and the parties waive all provisions of law providing fora change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due orto become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding between the parties relating to the subject matter of it. In case of conflict, the termsof the Agreement supersede the purchase order. Neither this Agreement nor any of its provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 7 26.AUTHORITYThe 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 authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC., a California corporation d.b.a. SCS ENGINEERS By: By: Geoff Patnoe, Assistant City Manager, as authorized by the City Manager (sign here) Michelle P. Leonard, Senior Vice-President (print name/title) ATTEST: By: for Faviola Medina, City Clerk Services Manager (sign here) Michael W. McLaughlin, Secretary (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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 PSA22-1779ENV City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES Assist city staff with conducting Sustainable Materials Management outreach, education, and implementation, including, but not limited to, the following: •Design and deliver educational presentations and workshops pertaining to SustainableMaterials Management. •Coordinate public outreach and involvement activities to promote awareness of and involvement in city programs, events, issues and services. •Assist city staff and residents with the implementation of current and new solid wasteregulations. •Provide training and technical support for compliance with state and local governmentlaws associated with Sustainable Materials Management. DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 9 Task 1 – Contract Administration/Monthly Reports and Meetings 1.1 Kick-off Meeting The SCS team will facilitate a conference call or in-person meeting (as appropriate given public health recommendations) with City of Carlsbad staff to identify project goals, logistics, and outline the project tasks. During the kick-off meeting, we will set timelines and dates for monthly meetings, monthly reporting, invoicing, and deliverables. We will also define preferred methods of communication. Deliverables: •Kick-off meeting agenda. •Kick-off meeting minutes and action items. 1.2 Monthly Meetings We will attend monthly meetings with City staff at a location directed by the City. At the monthly meetings, we will provide updates on the project progress, work completed, and pending items, as well as discuss other pertinent issues, problems encountered, and project recommendations. An agenda will be provided three days prior to the monthly meeting to allow adequate time for review and preparation. The agendas will provide the discussion topics and sub-topics demonstrating the status of the deliverables and issues to be addressed. We will write and submit the draft monthly meeting minutes within two business days following the meeting. The draft minutes will include City and SCS action items, with the respective due dates. The draft minutes will be finalized within three business days following receipt of comments from the City. Deliverables: •Monthly meeting agendas. •Draft and final meeting minutes. 1.3 Monthly Report We will prepare and submit a monthly report with our invoice each month for review and approval by the City. The report shall contain the status of contract tasks, deliverables, and work completed during the previous month. Regular reporting to the City will provide up-to-date information on the program’s accomplishments, and will enable City staff and the Project Team to evaluate and identify any necessary modifications to the program approach and methods. The reports are described below: PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 10 Monthly activity report: •Status of Contract Tasks. This will include a description of work completed during the previous month and any issues or concerns regarding the project deliverables, schedule and budget. •Businesses or Residents Visited or Contacted. A list of any businesses contacted during the previous month, and the outcome of those contacted (scheduled site visit training/technical assistance provided, and any necessary follow up., etc.) •Public Outreach Activities or Presentations Delivered. A listing of any public outreach activities completed, booths/events attended or presentations delivered. Task 2 - Education and Outreach 2.1 Presentations, Workshops, and Training Presentations provide a valuable opportunity to disseminate the promotional items and outreach materials. The SCS team is experienced in delivering dynamic, engaging, and effective presentations to a variety of audiences. Upon request from the City, Project Team staff will attend events and make the presentations in a professional, concise, and meaningful manner. The information to be included in the presentations include State mandatory commercial and organics recycling regulations, the City’s recycling services, environmental stewardship and sustainability, as well as the benefits (environmental and financial) of implementing waste reduction, recycling, and composting programs. 2.2 Event Planning Public events provide the opportunity to engage the community in recycling programs and activities. Events may target specific stakeholders, such as businesses or multi-family residents, or may be topical, such as edible food recovery or recycling. When requested by the City, we will plan, coordinate, and/or participate in events to disseminate information to or collect feedback from key stakeholders, including businesses, communities, organizations, and other related groups. We will plan the events by submitting a comprehensive work plan for City approval that will recognize the following: •The appropriate target audiences, theme of the event, appropriate presenters, presentation content outlines, and attendant activities. •Logistics of the event, including the venue or virtual platform, hours and schedule, catering services and donation of surplus foods, seating options, sign-in sheets to track attendance, parking arrangements, special accommodations requested by the City, photo and legal releases from the presenters and attendants, audio and visual equipment requirements, tasks for setup and disassembly, insurance and permitting requirements, and public recycling and trash containers. PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 11 •Cost estimates for any event costs beyond staff time the proposed event. •Alternative plans when requested by the City. 2.3 Development of Outreach Materials If desired by the City, the SCS Team will design and deliver engaging and professionally designed graphic materials. At the outset of any graphic design project, we will conduct a strategic communication meeting to discuss the project goals, target audience, distribution methods, budget, and any additional pertinent topics. From this meeting, a creative brief will be produced with production specifics including size, tone, logo placement, graphic standard requirements, and similar aesthetic determinations. Production of this creative brief will not only refine the City’s program branding, but will also be a valuable tool in developing templates and materials for each target audience so that future phases can proceed more efficiently and productively. Our experience has demonstrated that even with a creative brief to guide design, iteration is key to achieving the desired style, tone, and goals. The final products will be professional, engaging, colorful, appealing, and appropriate. In consultation with the City, we will work to provide messaging that clearly communicates the key messages and educates the viewer. At the instruction of the City, materials will be produced in any size or format for a range of distribution. The City shall determine which file formats shall be delivered for each project. The Project Team has extensive experience producing graphic materials including posters, postcards, flyers, newsletters, brochures, and advertisements, as well as for online or other digital distribution. In-house staff is capable of translating materials into Spanish, Korean, and Mandarin. In addition, team members have experience as both a prime and sub-contractor developing logos and outreach materials displayed in multiple languages. We not only translate materials technically, but also translate materials to ensure that cultural and linguistic variances across languages do not distort the effectiveness of the material. At the closeout of each material design phase, we will provide the City all of the relevant files in native formats, print-ready layouts, and immediately displayable formats (e.g. JPEG, PDF, etc.) at the City’s preference. Where specified, these materials will be made from recycled content materials, and printed with a recycling message as approved by the City. Items will be distributed at site visits, presentations, events, and City functions. Deliverables: Creative briefs, final prints, and native files of outreach materials. Business Recycling Flyer from Current SBR Program PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 12 2.4 Website Enhancement At the City’s direction, the SCS Team will evaluate, consult, and provide input for relevant SMM, SB 1383, AB 1826 and AB 341 related enhancements to the City’s website. Should the City desire to pursue further creative and technical enhancements to their website a specific proposal could be developed with the existing SCS proposed Team. Depending on the options desired by the City, work can be approached in a few different scenarios. •Consultation: The Project Team can be utilized as a pure consultant, providing guidance and research to the City’s IT team. •Consultation and Execution (Design, Code, Digital Marketing): The Project Team is capable of taking the website from concept to user experience design, to code development, to deployment, to ultimately driving conversions. Budget and technology stack will determine how involved we can be. Other Services complimentary to the website: •Digital Media buying with landing pages on the website. •Email Strategy and Marketing. •Motion Graphics and Video Editing. Task 3 – Implementing Solid Waste Regulations The City has requested consultative assistance for City staff, businesses, and residents with the implementation of current and new solid waste regulations. Based upon projects SCS has carried out with the various cities, counties and agencies noted above, SCS is prepared to meet with City staff to assess the level and types of assistance needed. SCS is prepared to evaluate the City’s existing programs and proposed new franchise hauler programs through the various regulatory requirements including, but not limited to: AB 341, AB 1826, AB 827 and SB 1383. Additionally, the SCS Team is prepared to work in conjunction with and in a complimentary manner with the City’s new franchise hauler to support the outreach and any training efforts needed for single-family, multi-family and commercial organics program implementation. If desired, SCS is prepared to visit businesses and residences located in the City, particularly large organic generators such as large venues, schools, and City facilities, to provide evaluations, consultations, and assessments regarding enhancing solid waste management, waste reduction, and recycling strategies. This could include setting up arrangements with your franchise hauler, recycling haulers and/or recyclers; distributing Outreach Materials to stimulate environmentally sound business practices; supplying various promotional items and recycling containers (if provided by the City or their franchise hauler); and gathering information that will help the City report accurate information to CalRecycle. Safety is of paramount importance to SCS. All SCS personnel will observe applicable CalOSHA regulations while on a job site, including wearing appropriate personal protective equipment (clothing, shoes, hats, gloves and glasses), if needed. Additionally, COVID-19 safety precautions have been developed, and will be followed during in-person activities. Our Project Team members have conducted thousands of business waste assessments and audits over the last 20 years, performing visual waste assessments, distributing information, explaining state and municipal requirements, assisting program implementation, right-sizing services, providing PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 13 technical assistance, and preparing resource management plans. The project team is well versed on the requirements of AB 939, AB 341, AB 1826, AB 827, SB 1383 and other pertinent state and local laws that will allow them to assess compliance as well as provide advice to reduce, reuse, and recycle materials generated. Our approach to waste consultations/assessments is straightforward. This allows the audits to be conducted safely and efficiently without interrupting ongoing business operations, and with minimal use of facility personnel time and resources. We know what to look for at specific business types, and therefore can complete the audit in a very timely manner. For example, in conducting a restaurant survey, we will concentrate on identifying items in the kitchen, prep areas, freezers, refrigerators, and storage areas for dry goods. In a manufacturing facility, we look at the purchasing and operational practices and management of end-of-life waste. At a school and/or university, the focus expands to the facility’s procurement practices, management of end-of-life waste, any on-site composting or grasscycling, and policies regarding the management of C&D waste, hazardous waste, and public education and outreach programs. Approaching businesses differently according to size and type allows SCS to make the most efficient use of the City’s budget. 3.1 On-site Consultations If desired, our Project Team staff will provide educational materials and highlight waste reduction and recycling practices that comply with the State’s mandatory requirements. This will include sharing the benefits of participating in these programs, such as environmental protection, potential cost savings, marketing edge, and customer and employee retention. Consultations will provide businesses with practical ways to enhance recycling and waste reduction, as well as options to reduce and/or donate excess food, and the services and programs offered through the City and its authorized haulers. During the consultation, pertinent data will be collected using an approved Survey Questionnaire. Information will be gathered on the businesses’ current practices for: •Landscape waste management. •Surplus food donation. •Self-haul of recyclable materials. •Janitorial services related to waste management. •Backhauling of material. •Third-party collection of material. •Source reduction. •Recycling/composting through the hauler. •On-site composting. •Estimated volumes or weights of each material generated. Project Team staff will also advise businesses of new requirements under SB 1383 which may impact them. This will include information such as the requirement to provide annual training to employees, periodic inspection of bins, providing access for inspection, proper signage and bin color coding, not allowing edible food to intentionally spoil, access to recycling and organics bins for customers, and other relevant requirements that may pertain to each business. If authorized by the City, remote or on-line site visits may be performed if it is determined that sufficient information and assistance can be provided equivalent to an on-site consultation. Remote visits will include completion of the business survey either through a telephone call or PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 14 email/electronic correspondence. Additionally, if possible, visual inspection of the dumpster either in person, or through use of photos, may be used if approved by the City. 3.2 Data Management All information/data gathered by the Project Team will be entered into the City database or similarly developed database or other web-based applications, and mobile apps on iOS and Android tablets/phones as directed by the City. We have utilized a number of data management systems, and are confident if our ability to learn the system selected by the City. For a number of projects, we have worked closely with Recyclist, and have utilized their format for entering information from thousands of on-site waste assessments. We are highly skilled and knowledgeable in the Recyclist system, and are confident we can use their system, or other systems, seamlessly. Task 4 – Training & Technical Support Understanding the magnitude and degree of legislative and reporting requirements most recently related to AB 341, AB 827, and SB 1383, the SCS Team is prepared to offer Training and Technical Support at various levels – City Staff, Franchise Waste Hauler, as well as the Commercial Customer (businesses, multi-family) and Residential levels. With specific regard to Food Waste Reduction and Recycling, and the immediate 2022 requirements, the objective of this task would be to provide to food generating businesses located within the City of Carlsbad tailored, on-site training that demonstrates how to establish, operate, and maintain an effective food waste reduction and recycling program. Food generating businesses will include, but are not limited to, restaurants, supermarkets, and event venues, and may also include bakeries, food manufacturers/processors and other food service entities. The SCS team will target businesses that generate significant volumes of food waste, as identified in SB 1383 as Tier 1 and 2 generators. Prior to commencement of the on-site training, we will conduct a site visit to review the existing waste collection service levels and evaluate the quantities and types of food waste and other organics that are generated at the site. As appropriate, SCS will interact and collaborate with the City’s new Franchise waste hauler for planning and performance of tasks. We will provide follow up technical assistance, if requested and approved by the City. Upon approval, SCS shall provide follow- up technical assistance to businesses one or more times on the implementation of food waste evaluation, collection, reduction, recycling and recovery programs. Our experience shows that this monitoring and feedback loop is critical to maintaining business interest and participation in waste reduction and recycling. We can use this follow-up to help troubleshoot challenges businesses encounter with food waste and organics collection programs, answer questions they might have about regulations, and share with them their progress to date, industry changes, and other issues. We will document the results of our technical assistance, noting businesses that have made changes and those which may need additional assistance to implement our recommendations. PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 15 •SCS BRC will distribute, in informational handouts, signage and training materials on use of liners and containers. Food Generating Businesses – We will develop, maintain and expand a list of potential food generating businesses. The list will indicate the participation status of each business and include action items necessary to start or enhance their participation in Food Recovery. SCS will create a survey, and following City approval for survey questions, we will survey potential businesses to solicit interest in participating in Food Recovery. Type, size and other attributes of the businesses to be surveyed will be approved by the City. Survey results will be tabulated with potential challenges and solutions flagged for review by the City. Staff will identify current challenges (such as, but not limited to, shelf-stable and refrigerated storage space limitations, difficulty matching with food rescue partners) and solutions (space reconfiguration, parking lot refrigerators, App utilization for food matching, introductions to specific food recovery agencies, etc.) to assist in implementing a successful and sustainable food donation program at each business. Solutions that that can be addressed by individual businesses as well as solutions that might require additional City resources shall be included. We will identify ways to provide technical assistance to businesses, inclusive of outreach materials and training, and provide technical assistance upon approval. We will develop, print, and distribute, information handouts about SB 1383 requirements to divert edible food from landfill along with any applicable local ordinances, safe donation laws, safe donation toolkits to educate businesses and encourage donation. We will monitor success of the program, and recommend improvements. SCS shall make recommendations to individual businesses, and upon request by the City, evaluate challenges and make recommendations for food recovery agencies and for the program overall. Task 5 - Support Activities The following describes additional support activities that can be provided by the Project Team 5.1 Survey Questionnaires The Project Team has prepared survey questionnaires related to a variety of recycling and waste diversion topics, or business and multi-family projects conducted for other governmental agencies. We have experience developing survey questions that request information necessary for compliance with regulations and reporting requirements, as well as information useful for the City’s priorities and planning needs. We have conducted surveys via mail, phone and email, and are able to develop scripts and letters to introduce the survey questionnaire to recipients. We also have experience researching, developing, and prioritizing lists of survey recipients. Upon request by the City, we will prepare specific survey questionnaires and develop a list of businesses, multi-family complexes and other facilities that will receive the survey. The type, size, and other attributes of the entities to be surveyed will be approved by the City. The Project Team will prepare an introduction letter with instructions regarding the survey purpose, and the process to complete and submit the completed survey questionnaire. For mail-in survey questionnaires, we will mail the survey questionnaires with the introduction letter and provide the responder with a self- addressed, postage-paid return envelope. This process will also be used for email surveys, with a request to return the completed questionnaire via email, using a provided email address. PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 16 5.2 Telephone Script and Phone Interviews The Project Team has extensive experience conducting interviews and communicating technical assistance over the phone. We are able to record both answers and questions from business owners and property managers, and to present this information to the City in a clear, concise manner. The Project Team will prepare a telephone script to guide us in efficiently communicating technical assistance, arranging a site visit, or interviewing property owners or managers. The script will introduce the project, the reason for the call or visit, and the free technical assistance services available. Prior to making any calls, the Project Team will prepare the telephone script and provide to the City for approval. During the phone interview, our Project Team staff will ask each business owner or property manager questions based on the approved surveys, questionnaires, or checklists, and record all responses. In addition, we will document any questions from the contacts. 5.3 Inspections and Enforcement Letters SCS may conduct inspections of generators as directed by the City. Grounds for inspections may include, but are not limited to, investigation of complaints, generator requirement compliance, and edible food recovery inspections. •Investigation of complaints: SB 1383 requires the City, or designee, to investigate all complaints received within 90 days, if it is determined the allegations would constitute a violation. If directed to investigate a complaint, SCS will investigate the complaint in- person. SCS will document evidence, outreach and education provided, and follow-up actions taken, and may provide follow up to the complainant (if not anonymous) on resolution as directed by the City. •Inspection of generator requirement compliance: The Project Team may inspect multi- family residences or commercial businesses for compliance with SB 1383 generator requirements, franchise agreement requirements, or other City ordinance requirements as directed. For example, we may inspect a multi-family residence container set out to verify the customer is participating in proper waste sorting and not contaminating containers with prohibited material types. We may also inspect a commercial business to verify proper waste sorting, absence of contamination, and that the property is providing an adequate number, size and location for containers. Additionally, we may inspect the interior of a business to verify complaint set outs of waste containers for employees and/or customers. •Edible food recovery inspections: We will inspect businesses defined as Tier 1 and Tier 2 edible food generators to verify the business has initiated a contract or written agreement with a recipient entity. Additionally, we may request to verify compliance records are being documented, such as schedules for food donation, the types of food a recovery entity will accept, and the types and quantities of food donated per month. We will collaborate with the City and County Environmental Health Department staff on the extent of inspections. Inspections related to food safety practices will be deferred to Environmental Health Department Staff. We will develop for approval by the City, a protocol for conducting inspections and providing enforcement actions. A copy of the approved protocol will be uploaded to the City’s database. Recommendations for inspection protocols include conducting an on-site inspection. We will PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com 17 photograph contamination and/ or other matters of concern during the on-site inspection. The information collected during an inspection will be used to customize the appropriate enforcement collateral. Three collateral templates will be developed: (1) warning letter; (2) Notice of Violation; and (3) non- compliance letter. Customization of the collateral will include citation of relevant local and state mandates, photographs, and information about how to correct the violation. The collateral may also include reference to the dates and nature of any previous violations, supplementary education and outreach materials, and an offer for technical assistance. Each warning letter and non-compliance letter will be submitted to the City for approval. Copies of the final letters will be mailed out as directed by the City. Copies of Notices of Violation will also be provided to the City. We will upload the following inspection and enforcement records to the City’s database. 5.3 Optional Services If desired, the Project Team can assist the City, in identifying grant opportunities for organics, recycling, or other pertinent areas that will assist the City in achieving their diversion goals and expanding their programs. Identifying grants and exploring the technical and administrative requirements of these opportunities can be challenging and take time to fully understand. We have experience identifying grant opportunities, researching eligibility requirements, and successfully submitting applications on behalf of clients. We are excited to put our experience and expertise in grant research and writing to work for the City. Based on the research completed, the report prepared, and the direction from City staff, SCS will prepare and submit grant application(s) in accordance with established requirements as applicable. The timing of this task will depend on the application acceptance period for the identified grants. SCS has worked with CalRecycle staff for a number of years in the following grant programs: Used Oil Block Grants and Oil Payment Program, multi-family grants, reuse assistance grants, used beverage container and litter reduction grants, permitting, and research and analysis, in addition to existing grant programs. 5.4 CalRecycle Electronic Annual Report (EAR) SCS recognizes that the City completes the Electronic Annual Report (EAR) in addition to the tasks outlined above, SCS staff have prepared the annual CalRecycle reports for the cities of El Segundo, Fullerton, Lakewood, Rancho Palos Verdes, San Gabriel, and South Pasadena for many years. Separately, Project Manager Jacy Bolden has historically prepared annual reports locally in San Diego County for the cities of Lemon Grove, National City and Solana Beach. During the reporting year, we maintain a database of the activities conducted in each city, and collection and disposal data, so the information can easily be entered into the Electronic Annual Report (EAR) system when it comes on-line, typically in May. We also prepare the Used Oil and HHW Grant reports, and conduct the annual inspections at the Used Oil Certified Collection Centers (CCCs). Work to be conducted under this task includes: •Compiling data on disposal, program activities, and regulatory compliance (e.g. AB 341, AB 1826, and SB 1383). •Copies of education and outreach materials. •Preparation of Draft EAR. PSA22-1779ENV Exhibit "A" (continued) DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SMM Outreach & Education www.scsengineers.com •Incorporation of edits received from City. •Preparation of Final EAR, and submittal via electronic means following approval from the City. 5.5 Recycler Awards As part of the site visits, we can identify businesses that are doing an exemplary job in their onsite waste reduction, recycling, and/or composting. Criteria will be established for nominations, including compliance with AB 341, outstanding waste diversion and recycling practices, or commendable efforts to enhance environmentally conscientious waste management practices and operations. The criteria will be submitted to the City for review and approval. A nomination form will also be developed, which will be used by the Project Team for the nominations, and will include a description of the businesses waste diversion practices. The consultants will develop a list of these businesses, and when directed by the City, will seek and recommend the nomination of businesses for a Business Recycling award. The awards may be issued at a City Council meeting or other City function, and the project Team will assist in coordinating the award ceremony, including preparing a short narrative on why the business is receiving the award. PSA22-1779ENV Exhibit "A" (continued) 18 DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 5963 La Place, Suite 207, Carlsbad, CA 92008 | 760-744-9611| eFax 760-744-8616 Environmental Consulting & Contracting City of Carlsbad Sustainable Materials Management Outreach & Education Fee Schedule Rate/Hour Clerical ................................................................................................................................................... 79 Administrative/Secretarial ................................................................................................................... 90 Technician .......................................................................................................................................... 100 Senior Engineering Technician .......................................................................................................... 110 Associate Staff Professional .............................................................................................................. 118 Project Analyst .................................................................................................................................... 128 Office Services Manager/Senior Project Administrator ................................................................... 128 Staff Professional I ............................................................................................................................. 142 Staff Professional II ............................................................................................................................ 149 Senior Office Services Manager ........................................................................................................ 151 Staff Professional III ........................................................................................................................... 157 Project Professional I ......................................................................................................................... 163 Project Professional II ........................................................................................................................ 171 Project Professional III ....................................................................................................................... 180 Senior Project Professional I ............................................................................................................. 186 Senior Project Professional II ............................................................................................................ 199 Senior Project Professional III ........................................................................................................... 210 Project Manager I ............................................................................................................................... 225 Project Manager II .............................................................................................................................. 234 Project Manager III ............................................................................................................................. 250 Senior Project/Technical Manager ................................................................................................... 266 Senior Project Advisor…………… ......................................................................................................... 275 Project Director I ................................................................................................................................ 281 Project Director II ............................................................................................................................... 290 Sr. Vice President ............................................................................................................................... 295 General Terms 1.Scheduled rates are effective through the term of the agreement. Work performed thereafter is subject to a new Fee Schedule. The City must approve new fee schedules beyond the term of the agreement and cannot exceed the current Consumer Price Index (CPI) for the region. 2.Costs for outside consultants and subcontractors, equipment/supplies, and for job-related employee travel and subsistence, are billed at actual cost plus a 10 percent administrative fee. 3.Charges for SCS field equipment and instruments will be in accordance with SCS’s Field Equipment Rental Rates Schedule in effect at the time the work is performed. Company trucks are charged at $65 for up to a half day (4 hours) of use, and $115 for up to a full day (company cars at $53/$94). These charges incorporate an allowance of 100 miles per job per day; a $0.37 PSA22-1779ENV Exhibit "A" (continued) 19 DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 SCS Fee Schedule January 1, 2022 Page 2 per mile surcharge is applied for additional miles. Vehicle charges for long-term and/or high- mileage projects may be negotiated on a case-by-case basis. 4.Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed. Invoices are due and payable upon receipt. 5.Payment of SCS invoices for services performed will not be contingent upon the client’s receipt of payment from other parties, unless otherwise agreed in writing. 6.For special situations such as expert court testimony and limited consultation, hourly rates will be on an individually negotiated basis. PSA22-1779ENV Exhibit "A" (continued) 20 DocuSign Envelope ID: 0F8716E9-1CFB-4D8A-9CF2-0E74180E6721 Holder Identifier : CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/24/2021 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 26387Steadfast Insurance CompanyINSURER A: 16535Zurich American Ins CoINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):800-363-0105 CONTACTNAME: Stearns, Conrad and Schmidt Consulting Engineers, Inc.3900 Kilroy Airport Way, Suite 100Long Beach CA 90806-6816 USA COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $25,000 $2,000,000 $4,000,000 $4,000,000 B 03/31/2021 03/31/2022GLO011277806 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000B04/01/2021 04/01/2022 COMBINED SINGLE LIMIT (Ea accident) BAP 0112780-06 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEB04/01/2021 04/01/2022 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC011277906 Per ClaimIPR37923530303/31/2020 03/31/2023 Prof Liab - Claims Made $2,000,000Aggregate Env Prof (E&O)A $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVESCS Engineers, SCS Energy, SCS Field Services, SCS Tracer Environmental 3900 Kilroy Airport Way #100 Long Beach CA 90806-6816 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.