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Group Delta Consultants Inc; 2024-01-30; PSA24-2349TRAN
PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 1 AGREEMENT FOR MERWIN DRIVE STORM DRAIN GEOTECHNICAL INVESTIGATION SERVICES GROUP DELTA CONSULTANTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20_______, by and between the City of Carlsbad, California, a municipal corporation ("City") and Group Delta Consultans, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in geotechnical investigations. B. Contractor has the necessary experience in providing professional services and advice related to geotechnical investigations. 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) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) 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 shall not exceed thirty-nine thousand six dollars ($39,006). 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 twenty thousand dollars ($20,000) 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: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF 24 30th January PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 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. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 3 compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of 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 DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 4 Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 5 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Evans Name Christopher Vonk Title Associate Engineer Title Project Manager Department Public Works Address 9245 Activity Road City of Carlsbad San Diego, CA 92126 Address 1635 Faraday Ave Phone No. (619) 490-0040 Carlsbad, CA 92008 Email chrisv@groupdelta.com Phone No. 442-335-0348 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 6 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 7 23. 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. 24. 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. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. 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. 27. 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. 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 8 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California GROUP DELTA CONSULTANTS, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Michael Reader, President (print name/title) By: (sign here) Shah Ghanbari, 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ~ ~ [ ?' V ) ~ t ;_ E. t f (J . ~ t PSA24-2349TRAN City Attorney Approved Version 10/20/2023 Page 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF City of Carlsbad Proposal No. SD23-093 1635 Faraday Avenue October 20, 2023 Carlsbad, California 92008 Attention: Mr. Jason Evans, PE, QSD/P Associate Engineer, Public Works, Transportation SUBJECT: Proposal for Geotechnical Investigation Merwin Drive Storm Drain Improvements Carlsbad, California Mr. Evans: Group Delta Consultants, Inc. (Group Delta) is pleased to provide this proposal for a geotechnical investigation to support the design of the Merwin Drive Storm Drain Improvements project. We have included our proposed scope of work and the estimated fee to perform the investigation for the new storm drain alignment proposed for the subject project. Group Delta is preparing a separate proposal for review of construction documents and as-needed meeting attendance to support the project design following the completion of our investigation. BACKGROUND This project is located near the southwest corner of El Camino Real and Cannon Road, just west of the Agua Hedionda Creek. Drainage improvements are proposed in this area due to ponding from storm flows affecting Merwin Drive. Based on our recent discussions with Dudek, we understand that the proposed design will include constructing a new 2,400-foot-long storm drain alignment with depths ranging from approximately 3 to 14 feet below existing grades within Merwin Drive and Cannon Road. We anticipate that the geotechnical explorations will primarily encounter shallow fill soils overlying Alluvial Flood Plain Deposits, which primarily consist of loose to medium dense silty and clayey sands (USCS Classification SM and SC). Groundwater is expected to be relatively shallow in this area due to the proximity of the Agua Hedionda Creek. SCOPE OF SERVICES We propose to provide a geotechnical investigation for the project. The geotechnical investigation phase will include a review of any available prior geotechnical and design engineering studies, As-Built documents, and published geologic and geotechnical literature. The proposed design would require trenching to install the storm drain within Merwin Drive and Cannon Road. A geotechnical investigation to characterize the subsurface conditions at a few locations along the proposed alignment would require one day of drilling within Merwin Drive and Cannon Road with a truck mounted drill rig. The following scope of work is intended to provide the project team the geotechnical information necessary for design and construction of the proposed improvements. PSA24-2349TRAN Exhibit "A" DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF GR.CUP DEL T .L\ Proposal for Geotechnical Investigation Proposal No. SD23-093 Merwin Drive Storm Drain Improvements October 20, 2023 City of Carlsbad Page 2 2023-10-20 Carlsbad Merwin Drive Storm Drain Geotechnical Proposal (Group Delta).docx Geotechnical Investigation The activities needed to complete the field work are summarized below: • Coordinate site access with Dudek and the City of Carlsbad, mark out the proposed exploration locations, and notify Underground Service Alert (USA) to review the locations of the subsurface explorations relative to below-ground utilities, and clear the locations of existing utilities prior to the start of work. • Obtain a City of Carlsbad Right-of-Way permit- Form E-11 (we understand that the City will waive the permit and review fee) for the explorations. • Obtain a County of San Diego Geotechnical Drilling permit for the explorations that will advance below groundwater. The City will need to provide signatures for the responsible party and property owner sections of the permit. • Advance three to four 6- to 8-inch diameter geotechnical borings with truck mounted drill rig to a depth of approximately 15- to 20-feet below ground surface using one day of drill rig time. Traffic control will be provided during our field work, where required. We propose to conduct one boring in Merwin Drive and at least two within Cannon Road. • Log the borings and collect bulk and relatively undisturbed soil samples for laboratory testing and analyses. A Group Delta Engineer or Geologist will supervise the field work. • Backfill the borings in accordance with our County of San Diego Geotechnical Drilling Permit (cement and/or bentonite grout) and temporarily patch with cold patch or quick set concrete. • Collect the drill spoils in 55-gallon steel drums and storing them temporarily in one location at the site for approximately 4 to 6 weeks. We will work with the City to find an appropriate area to temporarily store our drums of drilling spoils We will engage an analytical laboratory to conduct environmental testing of composite samples collected from the drilling spoils, and then subcontract with a waste disposal contractor to properly dispose of the drums offsite. The City will need to procure signatures for the waste profile and manifest required for disposal at a licensed facility. • In accordance with the City of Carlsbad Standards (GS-29), the borings will need to be patched with hot patch asphalt. The City of Carlsbad may allow a waiver for this small investigation or may utilize their pothole team to conduct the asphalt hot patch. If either of these options is achieved, our fee could be reduced. To avoid confusion, we have included an estimated fee for the asphalt hot patching in our estimate. The activities needed to meet this patching specification are summarized below: • Prior to placement of the hot patch asphalt, the temporary patch will be removed, load up and dispose of the spoils. Hot patch asphalt will be ordered, batched, and delivered to the site, and a minimum of 6-inches of hot patch asphalt will then be placed and compacted to grade by our paving subcontractor. Traffic control will be provided during the pavement patching. • Once complete, our traffic control subcontractor will remove traffic control closures and no parking signs and reopen the area to the public. PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ' GR□UP DEL T .l\ Proposal for Geotechnical Investigation Proposal No. SD23-093 Merwin Drive Storm Drain Improvements October 20, 2023 City of Carlsbad Page 3 2023-10-20 Carlsbad Merwin Drive Storm Drain Geotechnical Proposal (Group Delta).docx Geotechnical Laboratory Testing We will collect selected soil samples during the subsurface exploration for laboratory testing to characterize the engineering properties of the existing soils with respect to the temporary excavations and suitability for reuse as trench backfill. The testing will provide data to evaluate the physical and engineering properties of the soils summarized below. • USCS Soil Type classification; • Moisture content; • Particle size distribution; • Index Parameters (plasticity and expansion potential); and • Chemical testing for corrosion (resistivity, pH, chlorides, and sulfates). The laboratory testing will be completed according to ASTM International, California Building Code, and Caltrans standards, or other appropriate testing procedures at our accredited laboratory in San Diego. Geotechnical Report Preparation We will provide a written geotechnical report summarizing our findings, conclusions, design recommendations and construction considerations for the proposed improvements. The report will focus on characterizing the on-site soils for re-use as backfill, excavatability, presence and impacts of shallow groundwater, and earthwork and paving recommendations. The report will include figures, boring records, and laboratory test data sheets. COMMERCIAL TERMS Estimated Fees Our total estimated fee to complete the scope of work in this proposal is $39,006. A detailed breakdown of our estimated fee is included in the attached Table 1. We propose to proceed on a time and expense basis in accordance with the rates and conditions shown in the attached Group Delta fee schedule. We would invoice monthly and provide a detailed breakdown of the dates and hours worked by each Group Delta employee and provide subcontractor invoices as backup for Outside Direct Costs (ODCs). We agree not to exceed the estimated budget without your prior authorization. Schedule Group Delta is prepared to mobilize immediately upon receipt of written authorization and begin working with the City of Carlsbad and Dudek to prepare permits and obtain access to the site to locate the explorations and utilities. We anticipate that we can perform the field subsurface explorations approximately three to four weeks following formal notice to proceed. The field subsurface exploration and patching should take two days to complete (one day of drilling and one day of patching). We can submit a draft of the geotechnical investigation report approximately six weeks after completing the subsurface exploration and patching. PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ' GR□UP DEL T .l\ Proposal for Geotechnical Investigation Proposal No. SD23-093 Merwin Drive Storm Drain Improvements October 20, 2023 City of Carlsbad Page 4 2023-10-20 Carlsbad Merwin Drive Storm Drain Geotechnical Proposal (Group Delta).docx Assumptions and Limitations Unexpected adverse subsurface conditions that are not discovered until the exploration and laboratory testing are complete can influence the scope of work. We have based our cost estimate on our current understanding of the project using the information provided to us and our knowledge and previous background in the area. We have used the following assumptions and limitations to develop the personnel hours estimate: 1.Group Delta is not responsible for damage to underground utilities that are not indicated by utility locating activities described above and are not properly brought to our attention at the site. 2.Client will obtain permission for Group Delta and subcontractors to enter the site for subsurface exploration. 3.Group Delta and subcontractors will have unobstructed access to the site at the exploration locations, grading, and proposed laydown areas. 4.Group Delta can store 55-gallon drums with drilling fluids and spoils at one location within the site during waste profiling prior to disposal. Estimated five drums for temporary storage time of approximately 6 weeks. 5.Client will waive Right of Way Permit Application Fee. 6.Assumed the subsurface investigation can be completed in one day. 7.Infiltration testing is not included. 8.The project is subject to California prevailing wage rates. Client to provide the appropriate wage determination rate and applicable project information (e.g., DIR number). 9.We have assumed that the site soils and groundwater have no contamination that would necessitate the obtaining of special environmental permits, soil disposal permits, or special handling of contaminated materials. 10.Site access and working hours will be 7 AM to 5 PM, Monday through Friday. If more restrictive work hours are imposed on our field work, our schedule duration could increase which would result in additional fees. 11.Topographic survey provided by Dudek or client. 12.Environmental services beyond those described in this proposal are not included. 13.Meetings/presentation to permitting agencies, homeowner associations or other groups will be invoiced on time and expense basis in accordance with our 2021 Fee Schedule. 14.Group Delta will conduct our professional services in a manner that is consistent with the level of care and skill ordinarily exercised by other members of our profession currently practicing under similar conditions at the time of our work and subject to the time limits and financial and physical constraints applicable to the scope of services. This representation is in lieu of all other representations. No warranty, express or implied, is made. PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ' GR□UP DEL T .l\ Proposal for Geotechnical Investigation Proposal No. SD23-093 Merwin Drive Storm Drain Improvements October 20, 2023 City of Carlsbad Page 5 2023-10-20 Carlsbad Merwin Drive Storm Drain Geotechnical Proposal (Group Delta).docx CLOSURE We appreciate the opportunity to become part of your project team and we look forward to working with you on this project. If you have any questions regarding the scope of services outlined above, please do not hesitate to contact us. GROUP DELTA CONSULTANTS Christopher K. Vonk, GE James C. Sanders, CEG Senior Geotechnical Engineer San Diego Area Manager Distribution: Addressee, Mr. Jason Evans (jason.evans@carlsbadca.gov) Attachments: Table 1 – Detailed Cost Estimate Group Delta Consultants, Inc. Fee Schedule - 2023 PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF 1GR□UP DEL TA Proposal for Geotechnical Investigation Merwin Drive Storm Drain Improvements City of Carlsbad Table 1 - Detailed Cost Estimate Proposal No. SD23-093 Pr i n c i p a l En g i n e e r / G e o l o g i s t As s o c i a t e En g i n e e r / G e o l o g i s t Se n i o r En g i n e e r / G e o l o g i s t Pr o j e c t E n g i n e e r / G e o l o g i s t St a f f E n g i n e e r / G e o l o g i s t Dr a f t i n g Ad m i n i s t r a t i o n La b o r a t o r y T e s t i n g La b o r T o t a l Ou t s i d e D i r e c t C o s t s (S u b c o n t r a c t o r s ) To t a l Rate $235 $215 $185 $170 $155 $105 $90 $95 1.0 1.1 Project Setup / Kick-Off 4 4 $1,360 $1,360 1.2 ROW Permitting / Traffic Control Plans 2 4 $990 $800 $1,790 1.3 DEH Permitting 1 2 1 $600 $820 $1,420 1.4 Subcontractors / Coordination 2 4 $990 $990 1.5 Dig Alert / Mark-out / Utility Locating 6 $930 $1,625 $2,555 1.6 Drilling & Sampling (1 Day) 10 $1,550 $5,790 $7,340 1.7 Patching (City Standards - 1 Day) 10 $1,550 $6,750 $8,300 1.8 Traffic Control (2 Days)$2,841 $2,841 1.9 Waste Manifest/Profile 2 2 $680 $575 $1,255 1.10 Drum Disposal 4 $620 $880 $1,500 1.11 Laboratory Testing 1 2 24 $2,775 $2,775 1.12 Interpretation, Analysis, and Reporting 2 2 16 8 8 4 $6,880 $6,880 Total 2 2 28 8 56 5 24 $18,925 $20,081 $39,006 2 2 28 8 56 5 24 $18,925 $20,081 $39,006Project Total Estimated Labor Hours Totals Description Geotechnical Investigation N:\Proposals\_2023 San Diego\SD23-093 City of Carlsbad Merwin Drive Storm Drain Improvements\04 Estimate\ PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF GROUP DELTL\. Page 1 GROUP DELTA CONSULTANTS, INC. FEE SCHEDULE 2023 HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) PRINCIPAL $235 ASSOCIATE $215 SENIOR $185 PROJECT $170 STAFF $155 DESIGNER / ILLUSTRATOR / AUTOCAD $105 TECHNICAL / PROJECT SUPPORT / ADMIN $90 DRIVER /PICKUP & DELIVERY OF SAMPLES STAFF $75 TESTING & INSPECTION SERVICES SENIOR ENVIRONMENTAL TECHNICIAN $145 ENVIRONMENTAL TECHNICIAN $110 TECHNICIAN / INSPECTOR $95 AWS/CWI SPECIAL INSPECTOR $110 UT/MT NON‐DESTRUCTIVE SPECIAL INSPECTOR $128 TECHNICIAN / INSPECTOR – PREVAILING WAGE $120 AWS/CWI SPECIAL INSPECTOR – PREVAILING WAGE $140 UT/MT NON‐DESTRUCTIVE SPECIAL INSPECTOR – PREVAILING WAGE $155 BASIS OF CHARGES Minimum Charges (Field Services) 2-Hour Minimum: ....................................................................................... Show-Up Cancellation, no work performed 4-Hour Minimum: ............................................................................................................. 1-4 hours of work performed 8-Hour Minimum: ........................................................................................................ over 4 hours of work performed PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF GR□UP OEL TA Group Delta Consultants, Inc. Schedule of Fees 2023 Page 2 Regular Time The first 8 hours worked Monday through Friday between 5:00 am and 5:00 pm. In the event that project related equipment is required to be transported to and from the project site, other than hand tools, the time required to do so shall be considered hours worked and will be billed as such. Premium Charges Over 8 hrs. on weekdays, up to 8 hrs. on Saturdays: .......................................................................... 1.5 x Hourly Rate Over 12 hrs. on weekdays, over 8 hrs. on Saturdays, Sunday, Holiday: .............................................. 2.0 x Hourly Rate Travel and Per Diem Travel time will be charged at the base hourly rate of $65. Multi-day projects requiring overnight accommodations will be subject to Daily Per Diem charge. Mileage (per current IRS rate): .................................................................................................................... $0.625/mile Per Diem (meals/lodging) ................................................................................................................... .......... $250/day Pickups Sample pickups occurring after hours or on weekends to comply with ASTM standards (required to be transported to the final curing location within 48 hours of casting) may be subject to premium charges (overtime). Rush Charges For Laboratory Services Expedited turnaround is available for some tests at the following premiums above list price. Same day service ................................................................................................................. 100% based on availability 1 day turnaround ..................................................................................................................................................... 80% 2 day turnaround ..................................................................................................................................................... 60% 3 day turnaround ..................................................................................................................................................... 40% 4 day turnaround ..................................................................................................................................................... 25% Charges for Subcontracted Services Outside Services/Subconsultants/Subcontractors: .................................................................................. Cost Plus 15% Reimbursable Expenses Parking, air fare, car rental, food and lodging, etc.: ................................................................................. Cost Plus 15% Equipment/Supply Charges Hazardous Gas Safety Monitor ......................................................................................................................... $30/hour Photo Ionization Detector ................................................................................................................................ $40/hour XRF Device ....................................................................................................................................................... $110/Day Nuclear Density Gauge ....................................................................................................................................... $8/hour Field Vehicle ...................................................................................................................................................... $10/hour Field Storage Unit (Connex Box) ................................................................................................................. $500/month PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF J GR□UP DEL Tl\ Group Delta Consultants, Inc. Schedule of Fees 2023 Page 3 LABORATORY TESTING (unit cost) SOIL AND ROCK TESTS CLASSIFICATION AND INDEX TESTS: Atterberg Limits, Plasticity Index (ASTM D4318) .................... $182 Non Plastic .............................................................. $127 Sieve Analysis % Passing #200 Sieve (ASTM D1140) ................. $66 Sieve Analysis w/o Hydrometer (ASTM D422) ........................ $120 Sieve Analysis w/ Hydrometer (ASTM D422) .......................... $210 pH of Soil (CTM 643) ................................................................. $50 Soil Resistivity (CTM 643).......................................................... $99 Soluble Sulfate (CTM 417) ........................................................ $50 Soil Chloride Content (CTM 422) .............................................. $72 Corrosivity Series; Sulfate, Chloride, pH, Resistivity (CTM643, 417, 422) ................................................ $270 Specific Gravity of Soil (ASTM D854) ...................................... $132 Unit Weight/Moisture Content, wax (ASTM D2937) ................ $50 Unit Weight/Moisture Content, Shelby tube (ASTM D2937/D2216) ........................... $55 Unit Weight/Moisture Content, ring sample (ASTM D2937/D2216) ........................... $40 Moisture Content (ASTM D2216) ............................................. $20 STRENGTH TESTS: Direct Shear, Residual (ASTM D3080) ..................................... $800 Direct Shear, Consolidated (ASTM D3080) ............................. $265 Direct Shear, Consolidated (ASTM D3080), Remolded ........... $580 R-Value, (ASTM D2844, CTM 301) .......................................... $330 R-Value, Lime Treated in Lab (ASTM D2844, CTM 301) .......... $390 R-Value, Aggregate Base (ASTM D2844, CTM 301) ................. $375 R-Value, (less than 5) (ASTM 2844, CT 301) ............................ $125 California Bearing Ratio (D1883) ............................................ $800 Torsional Ring Shear (ASTM D7608) ....................................... $780 Vane Shear Test (ASTM D4648) ................................................ $50 Unconfined Compression (ASTM D2166) ............................... $180 VOLUMETRIC CHANGE: Consolidation Test (ASTM D2435), w/o time rate .................. $292 Consolidation Test (ASTM D2435), w/ time rate .................... $385 Consolidation Test (ASTM D2435), single point ...................... $160 Free Swell ............................................................................... $245 Double Oedometer ................................................................. $430 Expansion Index (ASTM D4829) ................................................ $99 Response to Wetting (ASTM D4546) ...................................... $140 Soil Suction (ASTM D5298) ................................................... Quote PERMEABILITY: Permeability of Granular Soil (ASTM D2434) ........................ Quote SOIL AND ROCK TESTS COMPACTION: Maximum Density and Optimum Moisture (ASTM D1557) 4” Mold ................................................................... $220 4” with rock correction ........................................... $235 6” Mold ................................................................... $250 6” with rock correction ........................................... $265 Maximum Density Check Point (ASTM D1557) ........................ $66 Moisture Density of Soil-Cement Mixtures (ASTM D558) .... Quote California Impact Compaction, test only (CTM 216) .............. $220 AGGREGATE/SUBGRADE: Abrasion Test (ASTM C131/C535) 100 and 500 Revs ..................................................... $275 500 & 1000 Revs ....................................................... $303 200 and 1000 Rev ..................................................... $303 500 revs only ............................................................ $138 1000 revs only .......................................................... $165 Clay Lumps/Friable Particles (ASTM C142) ............................... $132 Durability Index, Coarse (ASTM D3744/CTM229) .................... $149 Durability Index, Fine (ASTM D3744/CTM229) ........................ $127 Durability Index, Coarse & Fine (ASTM D3744/CTM229) ........ .$275 Organic Impurities (ASTM C40) .................................................. $88 Percent Fractured Aggregate (ASTM D5821) per sieve size ....... $33 Fine Aggregate Angularity (ASTM C1252) ................................ $180 Sand Equivalent (ASTM D2419) ................................................ $115 Sieve Analysis (ASTM C136) fine aggregate ........................................................... $120 coarse aggregate ...................................................... $105 Specific Gravity and Absorption: fine aggregate (ASTM C128) ..................................... $165 coarse aggregate (ASTM C127) ................................ $135 Sulfate Soundness (ASTM C88) per sieve size .......................... $150 Cleanness Value (CTM 227) ...................................................... $145 Flat & Elongated Particles, (ASTM D4791) Per Screen Size .................................. $33 Unit Weight of Aggregate, loose/dry rod (ASTM C29) ............... $90 SAMPLE PREPARATION Sample preparation such as hand-cutting of samples, extraction from samplers, processing, and mixing of stabilized soils will be charged in addition to the individual test at the Engineering Technician hourly rate ............................................................................................. $95 PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF J GR□UP DEL Tl\ Group Delta Consultants, Inc. Schedule of Fees 2023 Page 4 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS ASPHALT CONCRETE: Bulk Specific Gravity of Core, Coated (CTM 308, ASTM D1188) ................................ $83 Hveem Unit Weight (CTM 304/308), set of 3 ........................... $295 Hveem Unit Weight (ASTM D2726), set of 2 ............................ $235 Stabilometer /Hveem (ASTM1560, ASTM 2726) set of 2 .......... $335 Stabilometer /Hveem (CT 366) set of 3 .................................... $360 Stabilometer Only, (CT 366) set of 3 ......................................... $297 Stabilometer Only, (ASTM D1560) set of 2 ............................... $253 Bulk Sp. Gravity (Rice) (ASTM D2041) ....................................... $176 Bulk Sp. Gravity (Rice) (CT309) ................................................... $88 Asphalt Concrete JMF Verification.......................................... Quote Marshall Unit Weight (ASTM D1559), 3 plug average .............. $281 Marshall Stability/Flow (ASTM D1560), set .............................. $290 Percent Bitumen (CTM 382) ..................................................... $138 Percent Bitumen & Gradation (CTM 382/202) ......................... $264 Film Stripping (CTM 302 ) ......................................................... $259 HMA Moisture Content (CTM 371) ............................................. $44 Ignition Oven Correction Factor Aggregate and oil ...................................................... $780 Ignition Oven Correction Factor Aggregate and oil w/ RAP ......................................... $900 Hveem AC Mix Design ............................................................. Quote Marshall AC Mix Design .......................................................... Quote Tensile Strength Ratio (TSR) …………………………………………………Quote REINFORCED CONCRETE TESTS: Compressive Strength, per cylinder (ASTM C39) ........................ $35 Compressive Strength, per core (ASTM C39/42) ........................ $72 Flexural Strength, 6x6x18 beam (ASTM C78) .............................. $90 Compressive Strength, Shotcrete Panel, Set of 3 (ASTM C39/42) ............................................. $360 Compressive Strength of Shotcrete, per core ............................. $72 Removal of Shotcrete Cores, In Lab, each .................................. $80 Compressive Strength, Light Weight Concrete Fill ..................... $35 Compressive Strength, Soil Cement ............................................ $44 Drying Shrinkage, 3 specimens, 28-day .................................... $413 CONSTRUCTION MATERIALS REINFORCED CONCRETE TESTS: (cont.) Tensile Strength, Splitting (ASTM C496) ......................... $100 Petrographic Analysis of Cementitious Mat. ................. Quote Cement Content Analysis of Conc. (ASTM C1084) ........ Quote Coefficient of Thermal Expansion. ................................ Quote Concrete Trial Batch w/ lab testing ............................... Quote STRUCTURAL MASONRY: Compressive Strength Prism, All Sizes, each…………………$132 Compressive Strength of Masonry Block, Set of 3 (ASTM C140) ...................................... $396 Linear Shrinkage of Masonry Blk., set of 3 (ASTM C426) $363 Shear Test of Masonry Cores, 6” (DSA) ........................... $110 Compressive Strength of Masonry Cores, 6” .................... $72 Dimensions of Masonry Block, Set of 3 (ASTM C140) ....... $60 Absorption of Masonry Block (ASTM C140), Set of 3 ............................................................................ $138 Unit Weight of Masonry Block (ASTM C140), Set of 3 ............................................................................ $110 Moisture Content of Masonry Block (ASTM C140), Set of 3 ............................................................................ $110 Mortar Compressive Strength 2x2x2, per cube (ASTM C109) ........................................... $39 2x4, per cylinder (UBC STD 21-16) .................................... $45 Grout Compressive Strength 3x3x6, per prism (UBC STD 21-18) .................................... $72 Brick Compressive Strength, 5 brick set (ASTM C67) ...... $292 Brick Absorption Test (ASTM C67) 5 or 24-hour submersion, 5 brick set .............................. $292 1, 2, or 5-hour boiling, 5 brick set ................................... $292 Efflorescence, Brick, 5 brick set (ASTM C67) ................... $290 Modulus of Rupture, 5 brick set (ASTM C67) .................. $209 Moisture As-Received, 5 brick set (ASTM C67) ............... $180 Saturation Coefficient/Absorption, 5 brick set (requires 24 hr. Submersion and 5 hr. boil Absorption test prior to calculation) ................................................ $143 Modulus of Elasticity (ASTM C469) ........................................... $248 PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF J GR□UP DEL Tl\ Group Delta Consultants, Inc. Schedule of Fees 2023 Page 5 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS STRUCTURAL STEEL : High Strength Bolt Testing (ASTM F606) Hardness, bolt, washer, or nut, each .................... $28 Bolt Wedge Tensile, each ....................................... $83 Bolt Proof Load, each ............................................. $60 Nut Proof Load, each ............................................. $50 Bolt Assembly Test Series, Set of 3 ...................... $780 Set-Up, if less than three bolts are submitted ....................... $80 Rebar, Tensile Test (ASTM A370) No. 3 bar to No. 14 bar .......................................... $75 No. 18 bar ............................................................ $200 Rebar, Bend Test (ASTM A370) .............................................. $63 Welded Rebar – Hoops (CTM 670) ........................................ $75 Mechanically Spliced (CTM 670) No. 3 bar to No. 14 bar ........................................ $100 No. 18 bar ............................................................ $200 Slippage Test in Addition to Tensile, each ............. $75 Structural Steel, Tensile Test (ASTM A370) 100k or less ............................................................ $85 101k-200k ............................................................ $105 STRUCTURAL STEEL: (cont.) Structural Steel, Bend Test ..................................................... $75 Structural Steel, Pipe Flattening Test ..................................... $66 Seven Wire Strand, Tensile/MOE (ASTM A416) ................... $230 Seven Wire Strand, Tensile Only (ASTM A416) .................... $155 Machining and Prep. of Structural Steel ............................ Quote Structural Steel Chemical Analysis ..................................... Quote Skidmore Bolt Calibration, In Lab ......................................... $170 Weld Procedure Qualification Test, Rebar ........................... $325 Welder Qualification Test, Rebar ......................................... $175 Weld Procedure Qualification Test ...................................... $375 Welder Qualification Test................................................... Quote Carbon Equivalent ................................................................ $150 Carbon Equivalent, Including Calculation ............................. $200 Macroetch Test of Welds ..................................................... $110 Nelson Stud Tensile (ASTM A370) ...................................... Quote Charpy Impact Testing ........................................................ Quote FIREPROOFING: Spray-Applied Fireproofing, Density (ASTM E605) Oven-Dry Method ............................................................ $60 Displacement Method ...................................................... $75 PSA24-2349TRAN Exhibit "A" (Cont.) DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF J GR□UP DEL Tl\ ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/2/2023 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 13604 Group Delta Consultants, Inc. 32 Mauchly, Suite B Irvine, CA 92618 13056 19437 1 A 1,000,000 X X 1000066094231 2/4/2023 2/4/2024 50,000 10,000 1,000,000 2,000,000 2,000,000 POLLUTION LIABI 1,000,000 1,000,000B PSA0001394 2/4/2023 2/4/2024 Comp.: $500 Coll.: $500 10,000,000A 1000336834231 2/4/2023 2/4/2024 10,000,000 0 B X PSW0001750 2/4/2023 2/4/2024 1,000,000 1,000,000 1,000,000 C Professional Liab.035713711 2/4/2023 Per Claim 3,000,000 C Ded.: $50k Per Claim 035713711 2/4/2023 2/4/2024 Aggregate 5,000,000 Re: All Operations The City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. Waiver of Subrogation applies to Workers' Compensation in favor of The City of Carlsbad. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 GROUDEL-01 MCCOWANA IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com Starr Surplus Lines Insurance Company RLI Insurance Company Lexington Insurance Company X 2/4/2024 X X X X X X X X X DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I Policy Number: 1000066094231 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS 1 LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIL[TY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Locatton(s) Of Covered Operations Organization(s): Where Required By Written Contract Where Required By Written Contract Information required lo complete this Schedule, if not shown above. will be shown in the Declarations. A.Section II -Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(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 yourbehalf; in lhe performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted by law: and 2, If coverage provided to the additional insured is required by a contracf 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 theseadditional insureds, the fotlowing additionalexclusions apply: This insurance does not apply lo "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 itsintended 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. C.With respect to the insurance afforded to theseadditional insureds, the following is added to Section Ill -Limits Of Insurance; If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of .Insurance shown in the Declaration$; whichever is less. This endorsement shall nol increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc , 2012 Page 1 of1 DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF ' .,. I : I I I I I DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF Policy Number: 1000066094221 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Location And Description Of Completed Organization(s): Operations Where Required By Written Contract Where Required By Written Contract 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 l.o 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 l:;iw; 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 add itional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-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 addittonar insured ts the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF • Starr Surplus Lines Insurance Company '· Chicago, IL 1 •646-227-630D Primary and Non .. contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066094221 This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evfdenced as such on the Declarations page. Pfease re,;1d the ehdorsement and respective policy(ies) carefully. SCHEDULE Commercial General liability Coverage Form Owners and Contractors Proteclfve Liability Coverage Form Products/Completed Operations Uability Coverage Form Contractors Pollution liability Coverage Form Professional liability Coverage Form Site Pollution liability Coverage Form Where Required By Written Contract A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedu!e of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury'' or "property damage• arising out of your negligence when the following written contract requirements are appricable: 1. Coverage available under !his coverage part shall apply as primary insurance. Any other insurance available lo these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these addiltonal insured's because of payments we make for injury or damage arising out of "your work'' done under a written contract wi1h the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that .certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise after the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY A~ I -"/4,/ / C /),. p ( Af /Ap:1-✓;gA, //.'J--7/4,-u~-cu~ i:;.. l\!·NW--[/f/"19' Charles H. Daifgeto, President Nehemiah E. Grnsburg , Generaljt:ou nsel SL 023 (06111) Copyright© C. V. Starr & Co,npcuw and St1ur Surph,11 LJl"tl lnsur11nca Cgmp.any. AU riqh11 reserved. lnctlldes. i.op)'rlghh?-d material of ISO Propcrtle-;1 lnc,t used wtlh Its pcrmJeslan. Page 1 ol 1 DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF Named Insured: Group Delta Consultants, Inc. Policy Number: PSA0001394 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - LIABILITY Coverage, Paragraph A.1 . Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contrib1Jtory basis to the additional insured's own business auto coverage if yo1J are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Ag~inst Others To Us PPA300 0311 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the follovving are deemed to be covered "autos" you own: (1) Any covered "auto" you !ease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F, Fellow Employee Coverage SECTION II -LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees G. Auto Loan Lease Gap Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: DocuSign Envelope ID: 97CF4E4D-5373-4B9F-832D-2E90FAEA13AF Named Insured: Group Delta Consultants, Inc. Policy Number: PSW0001750 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement