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HomeMy WebLinkAboutHELIX Environmental Planning Inc; 2020-04-15; PSA20-1070ENVPSA20-1070ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR RESTORATION AND MONITORING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and HELIX ENVIRONMENTAL PLANNING, INC., a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a consulting firm that is experienced in habitat restoration and biological monitoring. B.Contractor has the necessary experience in providing professional services and advice related to habitat restoration and biological monitoring. 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 five (5) months from the date first above written. 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 be thirty-four thousand five hundred dollars ($34,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.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 DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 15th April PSA20-1070ENV City Attorney Approved Version 6/12/18 2 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. 7. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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. 10. 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. DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 PSA20-1070ENV City Attorney Approved Version 6/12/18 3 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 PSA20-1070ENV City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS 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. 12.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. 13.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. 14.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. 15.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 Rosanne Humphrey Name Justin Fischbeck Title Senior Program Manager Title President Department Environmental Management Address 7578 El Cajon Boulevard City of Carlsbad La Mesa, CA 91942 Address 1635 Faraday Avenue Phone No. 619-462-1515 Carlsbad, CA 92008 Email justinf@helixepi.com Phone No. 760-602-4689 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. 16.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. DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 PSA20-1070ENV City Attorney Approved Version 6/12/18 5 Yes No 17.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. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.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. 20.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. X DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 PSA20-1070ENV City Attorney Approved Version 6/12/18 6 21.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. 22.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. 23.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. 24.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. 25.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. 26.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: 5D1255C4-12E7-4CFB-8D44-79C10724C679 PSA20-1070ENV City Attorney Approved Version 6/12/18 7 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HELIX ENVIRONMENTAL PLANNING, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Justin Fischbeck/President (print name/title) By: (sign here) Kristin Olszak/Secretary & CFO (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: 5D1255C4-12E7-4CFB-8D44-79C10724C679 HELIX Environmental Construction Group 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com March 16, 2020 Paseo Del Norte Ms. Rosanne Humphrey City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Subject: Proposal/Letter Agreement to Provide Habitat Restoration Services and Biological Monitoring for the Paseo Del Norte Open Space Project. Dear Mr. Humphrey: HELIX Environmental Construction Group, Inc. (HELIX) is pleased to submit this proposal/letter agreement (Agreement) to The City of Carlsbad (Client) to provide habitat restoration and biological monitoring services for approximately 0.3-acre Paseo Del Norte Project (Project). Services will be a continuation from the original contract with 6125 Paseo Del Norte, LLC, dated May 16, 2017. The project is currently in Year 3 of maintenance with an expected completion date of June 5, 2020: SCOPE OF SERVICES Task 1 Year 3 Maintenance. HELIX will maintain the 0.3-acre restoration site for the remainder of Year 3. Maintenance activities include removal of non-native species and trash, irrigation maintenance, and reasonable remedial measures deemed necessary for the success of the restoration program. Non-native removal will be performed via hand removal and/or herbicide treatment. Herbicide may be applied at the direction of the City, under the guidelines provided in the City’s Integrated Pest Management program (IPM). Non-native weed control will include herbicide specifically for treating onionweed (Asphodel fistulosus). All other weeds will be controlled by hand removal. Maintenance will be conducted twice (March and May) for the remainder of Year 3, at 4 days the first visit and 3 days the second visit. Task 2 Biological Monitoring. The following monitoring will be performed at the restoration site: 2.1 Maintenance Monitoring. A HELIX biologist will monitor maintenance activities conducted by maintenance crews during the remainder of Year 3, maintenance and monitoring period. PSA20-1070ENV Exhibit A DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 Letter Agreement to Ms. Humphrey Page 2 of 4 March 16, 2020 For the remainder of Year 3, visits will be conducted in January (already completed but has not yet been invoiced), March, and May. Monitoring memos noting any issues with plant establishment, irrigation, sediment control, etc., will be provided, as necessary, to the installation/maintenance contractor. 2.2 Technical Monitoring. HELIX will conduct one technical monitoring visit in April, for Year 3. Monitoring will be quantitative (point intercept transects) to evaluate percent cover of native and non-native species. HELIX will prepare an annual report after the technical monitoring event. The reports will include assessment of plant health, observations of plant recruitment, lists of wildlife and plant species observed on-site, photographic documentation, and a summary of whether the restoration effort is progressing and meeting the required success criteria. The report will also recommend any remedial measures that may be required. HELIX will submit copies of each annual report to the City for review and approval. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES •Client is responsible for water and associated costs. •HELIX is not responsible for replacement of the project lost or damaged due to vandalism, natural disasters (such as fire and flood), and other unforeseen events and circumstances. •HELIX is not responsible for impacts created by the Caltrans easement staging area. •Erosion control and repair of erosion due to natural rainfall is not a part of this estimate. •Removal of the temporary irrigation system, trash and other debris prior to sign-off is included in this scope of work. •This estimate includes prevailing wage labor rates. SCHEDULE HELIX will work with the City in a timely and professional manner in accordance with the Terms and Conditions attached and incorporated herein by reference as Exhibit A. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate, which is provided below in a breakdown of tasks. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit B, Schedule of Fees. Task Description Cost 1 Year 3 Maintenance $29,500 2 Biological Monitoring $5,000 Total $34,500 PSA20-1070ENV Exhibit A (continued) DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 Page 3 of 4 Letter Agreement to Ms. Humphrey March 16, 2020 EXECUTION OF AGREEMENT This quote is good for 30 days from the date of this letter. This Agreement will become a contract upon the HELIX's receipt of this original, including any Exhibits, signed by an authorized representative of Client and receipt of retainer payment. LICENSED CONTRACTOR Contractor's License: 831496 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. We look forward to working with you on this project. If you have any questions concerning this Agreement, please call Beth Ehsan or me at (619) 462-1515. Sincerely, Justin Fischbeck President Enclosures: Exhibit A, Schedule of Fees Exhibit B, Work Area HELIX Environmental Planning PSA20-1070ENV Exhibit A (continued) DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 Letter Agreement to Ms. Humphrey Page 4 of 4 March 16, 2020 I hereby authorize HELIX to begin work in accordance with this Agreement and the attached Terms and Conditions and Schedule of Fees. CITY OF CARLSBAD A ____ corporation, OR a ____ limited liability company, OR a ____ general partnership or limited partnership (select one). Signed by: _________________________ Printed: _______________________ Title: _____________________________ Date: ___________________________ To expedite Agreement processing, please provide the following information for this contract: Project Manager Accounts Payable Name: Contact/Name: Address (if different from p.1 Address (if different from p.1 Phone: Phone: Email: Fax: Email: Paseo Del Norte Project Please mail or fax (619-462-0552) to Kanika McDougall, Controller. If using your own contract format, please attach and return with this Agreement. PSA20-1070ENV Exhibit A (continued) DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 EXHIBIT A SCHEDULE OF FEES Services Services performed by HELIX Environmental Construction Group typically include, but are not necessarily limited to, office, field, meetings, hearings and travel time. Services will be provided outside of the normal daily/weekly work period at one and one-half times our professional rates. Direct Costs Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for plotting, color printing, aerial photographs and GPS services. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. If payment is not paid when due, then such sum shall bear interest at 1 ½ % per month on the unpaid balance, not to exceed the maximum legal rate of interest. Professional Rates Current hourly rates for consulting services: Principal $230 Director of Operations $170 Senior Project Manager $215 Project Manager III $175 Project Manager II $130 Project Manager I $85-110 Assistant Project Manager $70-80 Operator $88 Irrigation Technician $88 Senior Restoration Supervisor $127 Restoration Supervisor II $105 Restoration Supervisor I $94 Assistant Restoration Supervisor $77 Restoration Foreman $66 Restoration Lead $59 Restoration Technician III $50 Restoration Technician II $45 Restoration Technician I $39 Nursery Manager $85 Nursery Technician $42 Rates are subject to change on a yearly basis PSA20-1070ENVDocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 EXHIBIT A SCHEDULE OF FEES CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our professional rates. DIRECT COSTS Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for plotting, color printing, aerial photographs and GPS services. PAYMENT Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. If payment is not paid when due, then such sum shall bear interest at 1 ½ % per month on the unpaid balance, not to exceed the maximum legal rate of interest. PROFESSIONAL RATES Current hourly rates for consulting services: Principal $210-230 Principal Acoustician $180-200 Principal Biologist $190-220 Principal Landscape Architect $160-180 Principal Permitting Specialist $170-220 Principal Planner $195-230 Principal Regulatory Specialist $185-220 Senior Project Manager I-III $150-215 Senior Air Quality Specialist $155-180 Senior Environmental Specialist $130-170 Senior Fisheries Scientist $200-$230 Noise/Air Quality Specialist $115-145 Environmental Specialist I-III $85-125 Environmental Compliance Analyst $70 Environmental Compliance Specialist $115 Project Manager I-III $120-150 Assistant Project Manager $100-120 Archaeology Field Director $105 Staff Archaeologist $75-115 Senior Archaeologist $120-165 Historian $70-125 Environmental Planner I-III $95-120 Environmental Analyst $65-75 Landscape Architect $110-125 Senior Landscape Architect $130-150 Landscape Planner I-III $95-115 Sr. Scientist $130-180 Biologist I-V $80-130 Assistant Biologist $60 Senior GIS Specialist $125-165 GIS Specialist I-III $75-120 Graphics $115 Technical Editor $70-100 Operations Manager $105- 115 Word Processor I-III $65-85 Clerical $65-75 Rates are subject to change on a yearly basis PSA20-1070ENV Exhibit A (continued) DocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 Nd+ÊWeug PAV|ßG "W CMLÊNOINEER'SESEE SHEET 11.2,il,{IÈEts*.$'''' {]Iii'È,¡F4E,lì$ìd&,fENCEÀSNEEDEDlut-úozJt¡JooIrlØo-INSTAUNq OF WAL ANOFEÑCÊ Ñ NEÉOËÞnEf,ilEb6ffimrrmÞff¡uñtffiÀ¡molmru,cffi¡rudÆrmnffi¡qAruE'ì'ili{ eñu.!ûãaüuÈcffirrcnffir¡M.ù außtuü^þ¡mauıß:-ÍruÍffiir. cqücürM^ÈûtffiçußO^rñ'd&rrffimMdÞ,wm¡Etü!a[NOW.frROUGHr, ffitlÐrua4aÉ|lx.[.KNdEBüfrudEd.EÛUUçffin&md*iluÊcF[oþÆLñúcffiqarmþilFmarurü¡rnoffi¡þ-nrFYþîimffwweffi6^û&*r.rnrMrmrnffi¡sðEñil^ffidff!ürx4s1uùm.sþ-0^[!tffiÈuM[mr6nmreÈãdÞffi.¡iûu¡mffim.ffiüffiEml.mÆrrüuÆúmtüll.¡&ËÂ@tEc¡cvr¡smrMaaÂrþ^mmcñbfri. *ffi¡[ffiruüdñftdtd5l4üdumm@ûMþiilßffiMEÑülruMc.reYÑÊÚ¡6i6rlûfrffitrû¡ÑþaÆifllmdauuu[ÞuæWNNYMAreiffqffiiG&.rracsnü¡¡üEıffiY.dEÐnã.mffaoeftt^rb¡d¡u.mDnm.FENCET FOLLOWTOP ø SIOPEWHERE POSSIBIE.NELD STMEri. E.frdcsfrEerfücffidiÛrM.^nudryre,@idBruürt¡EsiEffilaamffirru[0M.ffiworffiúnmmrndr¡áüÎffiÉüreãemffidû&ffiiF!&rtæÉr7 t,nzll 4s"orrssIIpi --r,}It2a) li'.)t1t/. I L, '¡ti)(i( ,11..t 4i.t,. ,,,a'rì\i:,i;¡/. " ^r¡_. I ll rì1, i:trl,:r /rl ¿f,)r\; rì. ,. j.if:¡q -1r'AS BUILT'i-rÉl)_{st:o t)t:f, No.Rlti l,HAstlNDffEúYffMNrlt lt,!l{r! lt!{,lE 1 t.-! ,E . r-t. Ír/¡I..E I r'ì{-¡ t-¡dÉrû ilffif&atüruuffiñffntuF{rÀþÀuaüudü!ùmrûmE6n!tfsffiiffi{lû¡¡&M5naPLßCEaMLE: l'.1û{"PSA20-1070ENVExhibit BDocuSign Envelope ID: 5D1255C4-12E7-4CFB-8D44-79C10724C679 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD 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 4/7/2020 (858) 888-7819 (858) 888-7820 01209 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 10120 12177 A 1,000,000 X EF4ML06406-201 4/1/2020 4/1/2021 50,000 Contractor Pollution 10,000 Deductible $5,000 1,000,000 2,000,000 2,000,000 1,000,000B EF4CA00376-201 4/1/2020 4/1/2021 COMP $100 COLL $1,000 9,000,000A EF4CU01451-201 4/1/2020 4/1/2021 9,000,000 0 C X WCV5504168-0 4/1/2020 4/1/2021 1,000,000 1,000,000 1,000,000 A Prof Liab/Clm Made EF4ML06406-201 4/1/2020 Limit:1,000,000 A Ded: $10k Per Claim EF4ML06406-201 4/1/2020 4/1/2021 Aggregate:2,000,000 Excess Liability policy follows the General Liability, Contractors Pollution Liability, Professional Liability, Auto Liability & Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. Professional Liability Retroactive Date 10/01/1991 RE: Insureds operations performed under written contract. SEE ATTACHED ACORD 101 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 HELIENV-01 CERT3 Wateridge Insurance Services 10717 Sorrento Valley Road San Diego, CA 92121 Stephanie Zuniga szuniga@wateridge.com Everest Indemnity Insurance Co Everest National Insurance Co CompWest Insurance Company X 4/1/2021 X X X X X X X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Wateridge Insurance Services HELIENV-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 SEE PAGE 1 CERT3 1 Description of Operations/Locations/Vehicles: City of Carlsbad is Additional Insured with respect to General Liability Liability per the attached endorsements as required by written contract. Waiver of Subrogation applies with respects to Workers Compensation. ECG 00 595 08 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Page 23 of 38 3. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception of this Policy is a Named Insured. 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the “policy period,” whichever is earlier; b. Coverage under this Policy does not apply to any “bodily injury,” “property damage,” offense, “environmental damage,” “wrongful act” or “crisis event”that occurred before you acquired or formed the organization. 5. Solely with respect to Coverage D (Employee Benefits Administration Liability), each of the following is also an insured: a. Each of your “employees” who is or was authorized to administer your “employee benefits program.” b. Any persons, organizations or “employees” having proper temporary authorization to administer your “employee benefits program” if you die, but only until your legal representative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. 6. Any person or organization with whom you agree to include as an insured pursuant to an “insured contract” is an insured, but only with respect to “bodily injury,” “property damage,” “environmental damage” or “personal and advertising injury” caused in whole or in part by your operations, “your work,” equipment or premises leased or rented by you, or “your products” which are distributed or sold in the regular course of a vendor's business; and only for the lesser of the applicable limits of liability set forth in Section III of the Policy or the minimum limits of liability required by the “insured contract”; however: a. A vendor is not an insured as respects “bodily injury,” “property damage,” “environmental damage,” “emergency response cost,” “crisis cost” or “personal and advertising injury”: (1) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (2) Arising out of any express warranty unauthorized by you; (3) Arising out of any physical or chemical change in the product made intentionally by the vendor; (4) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Arising out of demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (7) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects “bodily injury,” “property damage,” “environmental damage,” “emergency response cost,” “crisis cost” or “personal and advertising injury”: (1) Arising out of any “occurrence,” offense or “pollution condition” that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. 7. Any person or organization that has at least a 50% controlling interest in you is an insured but only with respect to “bodily injury,” “property damage,” “environmental damage” or “personal and advertising injury” arising out of their financial control of you. Any person or organization with whom you agree to include as an insured pursuant to an “insured contract”is an insured, but only with respect to “bodily injury,”“property damage,”“environmental damage”or “personal and advertising injury”caused in whole or in part by your operations, “your work,”equipment or premises leased or rented by you, or “your products”which are distributed or sold in the regular course of a vendor's business; and only for the lesser of the applicable limits of liability set forth in Section III of the Policy or the minimum limits of liability required by the “insured contract”; however: A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects “bodily injury,”“property damage,”“environmental damage,”“emergency response cost,”“crisis cost”or “personal and advertising injury”: Page 24 of 38 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. ECG 00 595 08 18 8. Any person or organization with whom you agree to include as an insured pursuant to an “insured contract” is an insured, but only with respect to liability for “bodily injury,” “property damage,” “environmental damage” or “personal and advertising injury” caused in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for that person or organization. These additional insureds are not an insured with respect to liability for “bodily injury,” “property damage,” “environmental damage” or “personal and advertising injury” occurring after: a. 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 b. 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. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF LIABILITY AND DEDUCTIBLE 1. Limits of Liability a. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds, claimants, offenses, “claims,” “suits,” “occurrences,” “crisis events,” “pollution conditions,” or “wrongful acts.” b. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of all “loss” under all Coverages of this Policy, except for: (1) Supplementary Payments under Coverages A through E; and (2) Damages because of “bodily injury” or “property damage” included under Coverage A (Bodily Injury And Property Damage) in the “products-completed operations hazard.” The General Aggregate Limit applies separately to: (a) Damages covered under Coverage E.1.d. (Contractors Pollution) arising out of “your work” at any one construction project; and (b) Damages covered under Coverages A (Bodily Injury And Property Damage), E.1.a. (Hostile Fire And Building Equipment) and E.1.e. (Site Time-Element Bodily Injury And Property Damage) arising out of on-going operations at any one location. c. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A (Bodily Injury And Property Damage) for all damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard.” d. Each Occurrence Limit Subject to Paragraph b. or c. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all damages under Coverage A (Bodily Injury And Property Damage) because of all “bodily injury” and “property damage” arising out of any one “occurrence” or related, continuous or repeated “occurrences.” e. Personal And Advertising Injury Limit Subject to Paragraph b. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B (Personal And Advertising Injury) for the sum of all damages because of all “personal and advertising injury” sustained by any one person or organization. Any person or organization with whom you agree to include as an insured pursuant to an “insured contract” is an insured, but only with respect to liability for “bodily injury,” “property damage,” “environmental damage” or “personal and advertising injury”caused in whole or in part, by: POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 743 05 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 743 05 19 Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any owner, lessee or contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of the loss. 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", "property damage" or a “pollution incident” 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 III – Limits Of Liability and Deductible: 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA Schedule Person or Organization Job Description WC 99 03 13 C (Ed. 7-09) 7KLVHQGRUVHPHQWFKDQJHVWKHSROLF\WRZKLFKLWLVDWWDFKHGDQGLVHIIHFWLYHRQWKHGDWHLVVXHGXQOHVVRWKHUZLVHVWDWHG 7KHLQIRUPDWLRQEHORZLVUHTXLUHGRQO\ZKHQWKLVHQGRUVHPHQWLVLVVXHGVXEVHTXHQWWRSUHSDUDWLRQRIWKHSROLF\ (QGRUVHPHQW(IIHFWLYH 3ROLF\1R(QGRUVHPHQW1R ,QVXUHG ,QVXUDQFH&RPSDQ\&RXQWHUVLJQHGE\ 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 $ Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. 500