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HomeMy WebLinkAboutGeosyntec Consultants Inc; 2022-07-12; PSA22-1869FACPSA22-1869FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR FLEET FUEL ISLAND UPGRADE CONSULTING SERVICES GEOSYNTEC CONSULTANTS, INC. 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 Geosyntec Consultants, Inc., a Florida corporation, (“Contractor”). RECITALS A. City requires the professional services of a consultant that is experienced in underground storage tank consulting services. B. Contractor has the necessary experience in providing professional services and advice related to consulting services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in attached Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor’s profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. 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 will not exceed thirty-three thousand three hundred dollars ($33,300). 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 six thousand dollars ($6,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A”. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A”. DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 12th July PSA22-1869FAC City Attorney 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor’s work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and 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, DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 3 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 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. 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 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. 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 City). $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 City’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. 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 4 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 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. 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 City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of 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 City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Steven Stewart Name Veryl Wittig Title Municipal Projects Manager Title Project Manager Department Public Works Address 2355 Northside Drive, Suite 250 City of Carlsbad San Diego, CA 92108 Address 1635 Faraday Ave. Phone No. 619-716-2903 Carlsbad, CA 92008 Email vwittig@geosyntec.com Phone No. 442-339-2938 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 whose services are 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor’s failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. 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 under this Agreement. City 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, 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 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 City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 7 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 City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney 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 CITY OF CARLSBAD, a municipal corporation of the State of California GEOSYNTEC CONSULTANTS, INC., a Florida corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Peter Zeeb, CEO & President (print name/title) By: (sign here) Jim Langenbach, 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: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 PSA22-1869FAC City Attorney Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES GeoSynTec Consultants, Inc., will provide services as described in the attached proposal dated May 31, 2022 on a time an materials basis in the amounts not-to-exceed as noted in the table below: Task Description Valuation 1 Bid package review (labor only) $3,500.00 2 Underground storage tank removal permitting and consulting support (labor only) $18,100.00 Field expenses, not-to-exceed value $4,225.00 3 Soil Management Plan (labor only) $3,000.00 4 Waste Profiling (labor only) $4,475.00 TOTAL not to exceed $33,300.00 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 2355 Northside Drive, Suite 250 San Diego, California 92108 PH 619.297.1530 www.geosyntec.com Carlsbad Fleet Fuel Island Proposal.F.05.31.2022 31 May 2022 VIA ELECTRONIC MAIL Mr. Steven Stewart, CCM City of Carlsbad Public Works Department, Fleet & Facilities Department 1635 Faraday Avenue Carlsbad, CA 90401 Subject: Proposal for Environmental Consulting Services Underground Storage Tank Removal and Replacement Project City of Carlsbad Fleet Fuel Island San Diego, California Dear Mr. Stewart: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to the City of Carlsbad Public Works Department (the “City”) for environmental consulting services (the "Services") in support of the removal and replacement of underground storage tanks (USTs) at the City’s Fleet Fuel Island located at 2480 Impala Drive, Carlsbad, California (the “Site”). This proposal addresses your request for Geosyntec to review contract bid documents for the project and support permitting during implementation of the UST removal and replacement project. BACKGROUND Geosyntec understands that the Site is a fuel island for the City’s vehicle fleet that is equipped with two 20,000-gallon gasoline USTs and one 12,000-gallon diesel UST. Kimley Horn has prepared a big package to support a Request for Proposals (RFP) for the UST removal and replacement project. Geosyntec also understands that the USTs will be removed in accordance with City of Carlsbad Fire Department (CFD) and County of San Diego Department of Environmental Health and Quality (DEHQ), Site Assessment and Mitigation program (SAM) permit requirements. SCOPE OF WORK Task 1. Bid Package Review Geosyntec will review the project’s bid package for completeness and suitability for bid solicitation. We will identify any data gaps or additional services that are necessary to complete the project on time and within budget. Exhibit A PSA22-1869FAC 9 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 Geosyntec () consultants Mr. Steven Stewart, CCM 31 May 2022 Page 2 Carlsbad Fleet Fuel Island Proposal.F.05.31.2022 Task 2: UST Removal Permitting and Consulting Support Geosyntec will assist in obtaining permits from the DEHQ and CFD for the UST Closure and provide limited environmental oversight during the UST removal activities. Geosyntec will also attend meetings and provide consulting services to the City during the preconstruction and UST removal phases of the project. Project bid support and construction support services will be performed by others. The demolition of existing improvements and removal and replacement of USTs will also be performed by others. UST Permitting Geosyntec will assist with preparation, submittal and obtaining approval of the UST removal permit packages. Geosyntec will attend virtual and on-Site meetings as required during the preconstruction and UST removal phases of the project. Geosyntec will provide consulting services to the City to ensure the successful completion of the project. UST Removal and Excavation Oversight Geosyntec will observe the excavation exposing the top of USTs, piping and associated risers on a part-time basis to provide recommendations to the contractor. Geosyntec will observe the removal of excess fuel and industrial high-pressure cleaning of USTs on a part-time basis. Geosyntec will assist in coordinating DEHQ and CFD inspectors to be on-Site during the UST removal. Geosyntec will be on-Site full time to observe the removal of the USTs for inspection and loading of the USTs for transportation to an offsite recycler/disposal facility. Confirmation Sampling Once the USTs are removed, Geosyntec will observe the collection of confirmation soil samples by others. The confirmation samples will be collected from the base and sidewalls of the excavation as directed by an on-site DEHQ inspector. o SAM Manual guidelines require a minimum sampling frequency of 2 soil samples per small tank (1 to 10,000-gallon), 3 soil samples per medium tank PSA22-1869FAC 10 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 engineers I scientists I innovators Mr. Steven Stewart, CCM 31 May 2022 Page 3 Carlsbad Fleet Fuel Island Proposal.F.05.31.2022 (10,001 to 20,000-gallon), and 1 soil sample per 20 feet of piping, at locations specified by the onsite SAM inspector. o Geosyntec assumes up to 20 soil samples will need to be included in the bid package to comply with SAM Manual specifications. Laboratory testing analytical suite should include: o Total petroleum hydrocarbons (TPH) by EPA Method 8015M. o Benzene, toluene, ethylbenzene, and xylenes (BTEX) and oxygenates by EPA Method 8260B. o Soil samples should be analyzed on an expedited a 24-hour laboratory turnaround time (TAT) to prevent delays in the construction schedule. TASK 3: SOIL MANAGEMENT PLAN Geosyntec will prepare a Soil Management Plan (SMP) describing the procedures to be followed if petroleum hydrocarbon impacted soils are encountered within the UST excavation. The SMP will describe the management of impacted soils, and outline health and safety procedures to minimize risk to on-site workers and the surrounding community. The SMP will be submitted along with the UST permit application for review and approval by DEHQ. TASK 4: WASTE PROFILING Geosyntec will direct the collection of waste profile soil samples by others and will prepare a waste profile application for submittal to a local landfill for disposal of petroleum impacted soils as a nonhazardous waste. In accordance with the DEHQ UST permit, the volume of impacted soil that can be excavated is limited to the volume that can be properly managed without creating a nuisance condition, which DEHQ generally considers to be 50 cubic yards (70 tons). Based on local landfill requirements, the confirmation sample analytical suite should include: TPH by EPA Method 8015M. Volatile Organic Compounds (VOCs) by EPA Method 8260B. Title 22 Metals by EPA Method 6010B. Soil samples should be analyzed on an expedited a 24-hour laboratory turnaround time (TAT) to prevent delays in the construction schedule. PSA22-1869FAC 11 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 engineers I scientists I innovators Mr. Steven Stewart, CCM 31 May 2022 Page 4 Carlsbad Fleet Fuel Island Proposal.F.05.31.2022 This task also includes up to three days of full-time observation and monitoring during the excavation and loading of impacted soils. COST Based on the scope of work described herein, we propose to perform the scope of services on a time-and-materials basis for an estimated cost of $33,300. The itemized cost by task is summarized below. Task 1 –Bid Package Review $3,500 Labor Only Task 2 – UST Removal Permitting and Consulting Support $22,325 Labor - Consulting/Field $18,100 Expenses (Field vehicle, equipment, etc.) $4,225 Task 3 – Soil Management Plan $3,000 Labor Only Task 4 – Waste Profiling $4,475 Labor – Profile Submittal and Soil Monitoring $4,475 Total $33,300 Limitations This professional services scope of work is not subject to California Prevailing Wage Rates. UST excavation, cleaning and removal will be provided by others. UST permit fees will be paid by others. All soil sampling will be performed by others and is subject to Prevailing Wage Rates. Expedited laboratory analysis will be performed by others. Development permits (i.e. demolition, building, grading, etc.) will be provided by others. DigAlert notification will be performed by others. All on-Site work will be completed in OSHA Level D PPE. PSA22-1869FAC 12 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 engineers I scientists I innovators Mr. Steven Stewart, CCM 31 May 2022 Page 5 Carlsbad Fleet Fuel Island Proposal.F.05.31.2022 This proposal assumes the tasks described herein can be completed during normal business hours (i.e. 0700-1700). Backfill and compaction testing, and laboratory analysis of onsite graded soils will be provided by others. Storm Water Pollution Prevention Measures or BMPs are not included. Geosyntec will not provide services outside of the Scope of Services described herein without your prior approval and authorization. Geosyntec will initiate the described Scope of Services upon receiving your authorization to proceed. Additionally requested services will be performed in accordance with the attached 2022 discounted rate schedule. Geosyntec appreciates the opportunity to provide the City of Carlsbad with this proposal. If you have any questions or require additional information, please contact the undersigned. Sincerely, Brian Pierce, PG Project Geologist (734) 564-3949 Attachment: Geosyntec 2022 Discounted Rate Schedule By its signature below, City of Carlsbad Public Works Department agrees to and approves of this Proposal and authorizes Geosyntec to proceed in accordance with this Proposal. APPROVED AND ACCEPTED: City of Carlsbad, Public Works Department By: __________________________ _______________ Steve Stewart Date PSA22-1869FAC 13 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 engineers I scientists I innovators CONFIDENTIAL RATEC2022 GEOSYNTEC CONSULTANTS 2022 RATE SCHEDULE Rate/Hour Staff Professional $132 Senior Staff Professional $154 Professional $175 Project Professional $198 Senior Professional $224 Principal $244 Senior Principal $262 Technician I $ 70 Technician II $ 74 Senior Technician I $ 83 Senior Technician II $ 89 Site Manager I $ 98 Site Manager II $108 Construction Manager I $120 Construction Manager II $130 Senior Designer Designer $170 $140 Senior Drafter/Senior CADD Operator $125 Drafter/CADD Operator/Artist $110 Project Administrator $ 70 Clerical $ 58 Direct Expenses Cost plus 10% Subcontract Services Cost plus 12% Specialized Computer Applications (per hour) $ 12 Personal Automobile (per mile) Current Gov’t Rate Photocopies (per page) $ .08 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. Construction management fee presented upon request. PSA22-1869FAC 14 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 VIIGIHff' l..,_,.,,.,VI GEOSCONS ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 3/24/2022 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). PRODUCER ~X~!~'-T Carly Underwood Greyling Ins. Brokerage/EPIC wgNJio Extl: 770.670.5324 I FAX IA/C, Nol: 3780 Mansell Road, Suite 370 ifD~~ss: carly.underwood@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Company 43460 Geosyntec Consultants, Inc. INSURER C : Allied World Assurance Company (U.S.) 19489 900 Broken Sound Parkway NW, Suite 200 INSURER D : New Hampshire Ins. Co. 23841 Boca Raton, FL 33487 INSURERE: INSURERF : COVERAGES CERTIFICATE NUMBER: 22-23 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. INSR TYPE OF INSURANCE ADDL SUBR 1,:Shl8~ ,:SM&~ LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY GL5268179 04/01/2022 04/01/2023 EACH OCCURRENCE $1,000 000 f--D CLAIMS-MADE [!] OCCUR DAMAGE J?i RENTED PREMISE Ea occurrence) $500 000 f-- MED EXP (Any one person) f-- $25,000 PERSONAL & ADV INJURY $1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl lx1PRO-iXl LOC $2,000,000 POLICY _ JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY CA4489673 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $2,000,000 /Ea accident\ f-- X ANYAUTO (AOS) BODILY INJURY (Per person) $ f--OWNED -SCHEDULED A CA4489674 04/01/2022 04/01/2023 BODILY INJURY (Per accident) $ f--AUTOS ONLY -AUTOS X HIRED X NON-OWNED (MA) PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ $ B UMBRELLA LIAB ~ OCCUR CX005GA22 04/01/2022 04/01/2023 EACH OCCURRENCE $2 000 000 f--X EXCESS LIAB CLAIMS-MADE AGGREGATE $2 000 000 OED I XI RETENTION $0 $ D WORKERS COMPENSATION WC015893709 04/01/2022 04/01/2023 X IPER I IOTH- AND EMPLOYERS' LIABILITY y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE[N] (AOS) E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A A (Mandatory in NH) WC015893710 E.L. DISEASE -EA EMPLOYEE $1000000 If yes, describe under (CA) DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Prof Liab (PL)/ 03122723 04/01/2022 04/01/2023 Each Act $2,000,000 Contr. Poll (CPL) Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Projects. 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 thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box947 Murrieta, CA 92564-0000 AUTHORIZED REPRESENTATIVE I ,C4~~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3164896/M3162036 CUND1 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 I POLICY NUMBER: , GL5268179 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT . BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. ' Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 1 of 2 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 POLICY NUMBER: GL5268179 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. ,, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: 2AF5B0BC-B7E9-4B37-8F30-C7338B4B93B2 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 04/0l /2022 Issued to GEOSYNTEC CONSUL TANT$ , 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 _________________ -~ ~ __ _ Authorized Representative