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Helix Environmental Planning Inc; 2018-11-28; PSA19-564CA
PSA 19-564CA MASTER AGREEMENT FOR ENVIRONMENTAL PLANNING/ STUDIES SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the 2~--th day of 'l\k>i.teW\\'.:2--E' ~, 2018, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and HELIX Environmental Planning, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. CMWD requires the professional services of a consulting firm that is experienced in environmental planning and studies. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to environmental planning and studies. D. Contractor has submitted a proposal to the CMWD under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 three (3) years from December 1, 2018, through November 30, 2021. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or General Manager of CMWD as authorized by the Executive Manager ("General Manager"). The Executive Manager (or designee) or General General Counsel Approved Version 6/12/18 PSA 19-564CA Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by CMWD inaction or other agencies' lack of timely action. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred thousand dollars ($100,000) per agreement term. Fees will be paid on a project-by- project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 2 General Counsel Approved Version 6/12/18 PSA 19-564CA 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad 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 willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD'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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager for CMWD approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 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 CMWD). $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 CMWD's satisfaction, a declaration stating this. 3 General Counsel Approved Version 6/12/18 PSA 19-564CA 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 CMWD will be named as an additional insured on 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, 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 CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 4 General Counsel Approved Version 6/12/18 PSA 19-564CA 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: Name Eleida Felix Yackel Title Senior Contract Administrator Dept Public Works Carlsbad Municipal Water District Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone 760-602-2767 For Contractor: Name Karl Osmundson Title Project Manager Address _7_5_7_8_E_I_C_a~jo_n_B_o_ul_e_va_r_d ___ _ Phone Email La Mesa, CA 91942 619-462-1515 Karl0@helixepi.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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. Yes ~ No D 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 CMWD will reduce such questions, and 5 General Counsel Approved Version 6/12/18 PSA 19-564CA their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 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, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of 6 General Counsel Approved Version 6/12/18 PSA 19-564CA which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 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 CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 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. PUBLIC AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 General Counsel Approved Version 6/12/18 PSA 19-564CA 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this CONTRACTOR HELIX Environmental Planning, Inc., a California corporation By:~~ (sign here) \{\ , ct\ o e\ Sch wt t'\ Q > Cei"'Ptes,dtnY (print name/title) By~-- K\nst-'.~ OlsZ-Ak, Cfb (print name/title) , 2018. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District f th Cit of Carlsbad By: ATTEST: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By: )02)__~ beputyGeneral~- 8 General Counsel Approved Version 6/12/18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California )) County of 5AN \66 0 On Novc,V\\C,~ lctl iovo before me, ) ) 514ANN~ 8t.ow rJ I N O~V ~U~ UC, Date Here Insert Name and Title of the Officer personally appeared W\,0H:A:a Sc,b-Wv~/\J At-Jh \L~1"t>T11-.J OL.-S"ZA~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jg/are subscribed to the within instrument and acknowledged to me that Re"/~they executed the same in Ris/Ret"/their authorized capacity(ies), and that by RtStber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a SHANNAL.BROWN < Commissio~ # 2137599 z Notary Public -California I j San Diego County ? • • o o o ,Ml Comm. Ex~res Dec 19. 20191 •••• ••••••• Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~-~ Signature of Notary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ • Corporate Officer -Title(s): ______ _ [] Partner -~J Limited lJ General • Individual [l Trustee Attorney in Fact . ! Guardian or Conservator •Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ____________ _ U Corporate Officer -Title(s): ______ _ l I Partner -• Limited • General :---: Individual Attorney in Fact =-: Trustee , .l Guardian or Conservator • Other: _____________ _ Signer Is Representing: ________ _ ~~~~<,~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PSA 19-564CA EXHIBIT "A" SCOPE OF SERVICES Perform a variety of environmental planning and study related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Agency coordination B. Biological monitoring C. Environmental initial studies & minor environmental documentation D. Mitigation & monitoring plans E. Preparation of technical studies F. Site surveys G. Special studies H. Sustainability research Requests for work not listed above must be contracted under separate agreement. 9 General Counsel Approved Version 6/12/18 MASTER AGREEMENT RATE SCHEDULE Prices valid through December 31, 2018 HELIX Environmental Planning, Inc. HELIX PERSONNEL NAME TITLE 1. Karl Osmundson Principal Biologist 2. Joanne Dramko Principal Planner 3. Mary Robbins-Wade Sr. Archaeologist 4. Stacie Wilson Cultural Project Manager 5. Vanessa Toscano Planning Project Manager 6. Bill Vosti Planning Project Manager 7. Stacy Nigro Principal Biologist 8. Thomas Liddicoat Biology Project Manager 9. Victor Ortiz Sr. Air Quality Specialist 10. Charles Terry Principal Acoustician 11. Michael Schwerin Principal 12. Larry Sward Principal Biologist 13. Jason Kurnow Sr. Scientist 14. Erica Harris Biologist V 15. Amy Mila de la Roca Planning Project Manager 16. Catherine Wright Senior Archaeologist 17. Jason Runyan Environmental Planner-Ill 18. Hunter Stapp Environmental Planner I PanGIS 19. Douglas Mengers, RPA, DPPH Senior Historian Linscott, Law & Greenspan Engineers 20. 1 John P. Keating, PE Principal 21. i KC Yellapu, PE Associate Principal/Project Manager 22. · Amelia Giacalone Transportation Planner Ill 23. Shankar Ramakrishnan, PE Senior Transportation Engineer 24. Charlene Sadiarin Traffic Engineer II Ninyo & Moore Stephen Beck, PG, CEG, HG, 25· QSD/QSP Principal Environmental Geologist 26. Adrian Olivares, MPH Senior Project Environmental Scientist 27. Christina Tretinjak, PG, CEG Senior Project Geologist San Diego Natural History Museum 28. Thomas Demere Principal Paleontologist 10 PSA 19-564CA HOURLY RATE $220 $215 $150 $140 $135 $110 $180 $150 $155 $195 $225 $210 $145 $115 $115 $140 $100 $90 $95.00 $200.00 $190.00 $133.00 $178.00 $133.00 $178.00 $163.00 $163.00 $130.00 PSA 19-564CA EXPENSES I DESCRIPTION COST % MARKUP l. ) Mileage $0.575 / mile 10% 2. I Copy services $0.08 I page (standard black and white) 10% ' $0.50 / page (enhanced black and white) I $0.75 I page (color) 3. I GPS $25.00 per day/ per unit 10% 4. I Noise Meter $120.00 per day/ per unit 10% Direct Costs In addition to those items listed above, other reimbursable _expenses associated with each task order will be charged at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25.00 per project day. There will be additional charges for plotting, color printing, aerial photographs and GPS services. 11 PSA 19-564CA EXHIBIT B SCHEDULE OF FEES HELIX Environmental Plllllr.ing Consulting Services Consulting services performed by HELiX typically include, bt.1 are not necessarily limited to, office, field, meetings, hearings and travel ~me. 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 rer.tals, airplane and train fares, parl<ing, per diem and lodging, mileage, corr.munications, reproduction, and supplies. A 4-wheel drive premium wm be charged at $25.00 per project day. There will be additional charges for plctting, color printing, aerial photographs and GPS services. Payment Invoices will be submitted monthly. Payment o:i invoices is due within thirty days of receipt If payrient 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 Principal Planner Principal Biologist Principal Permitting Specialist Principal Acoustician Sr. Fisheries Scientist Sr. Project Manager 1-1:1 Sr. Air Quality Specialist Sr. Environmental Specialist Noise/Air Quality Specialist Environmental Specialist 1-111 Environmental Com;:iliance Specialist Project Manager 1-111 Archaeology Field Director Staff Archaeologist Archaeology Field Crew Sr. Archaeologist Historian Environmental Planner 1-111 Environmental Analyst Sr. Scientist Biologist 1-V Assistant Biologist Sr. GIS Specialist GIS Specialist I-Iii GIS Technician Graphics Document Coordinator Technical Ed)tcr Operations Manager Word Processor 1-111 Clerical Rates are subject to cnange on a yearly basis 12 $210.00-225.00 $195.00-225.00 $180.00-220.00 $170.00-215.00 $180.00-195.00 $200.00-220.00 $130.00-190.00 $155.00-180.00 $150.00-170.00 $145.00 $85.00-150.00 $105.00 $110.00-160.00 $100.00 $65.00 -$80.00 $75.00 $150.00-155.00 $70.00-125.00 $90.00-115.00 $65.00-75.00 S120.00-180.00 $75.00-120.00 $50. 00-60. 00 $120 00-160.00 $75.00-105.00 $50.00-60.00 $110.00 $80.00 $70.00-90.00 $100.00 $65.00-80.00 $65.00 PSA 19-564CA CITY OF CARLSBAD • f EE SCHEDULE Effective January 1, 2018 PERHOUR Principals Principal Engineer .............................................................................................. $ Associate Principal Engineer ............................................................................. $ Planning/Design Manager .................................................................................. $ Transportation Engineers Senior Transportation Engineer ......................................................................... $ Transportation Engineer III. ............................................................................... $ Transportation Engineer II ................................................................................. $ Transportation Engineer I .................................................................................. $ Transportation Planners Senior Transportation Planner ........................................................................... $ Transportation Planner III .................................................................................. $ Transportation Planner II ................................................................................... $ Transportation Planner I .................................................................................... $ Technical Support Engineering Associate II .................................................................................... $ Engineering Associate I ..................................................................................... $ Engineering Computer Analyst 11 ...................................................................... $ Engineering Computer Analyst I ...................................... , ................................ $ Senior CADD Drafter ........................................................................................ $ CADD Drafter III ............................................................................................... $ C.A.DD Drafter II ................................................................................................ $ CADD Drafter I ................................................................................................. $ Senior Engineering Technician .......................................................................... $ Engineering Technician II .................................................................................. $ Engineering Technician 1 ................................................................................... $ Word Processor/Secretary .................................................................................. $ Engineering Aide 1 ............................................................................................. $ 200.00 190.00 185.00 178.00 158.00 133.00 114.00 158.00 133.00 114.00 102.00 113.00 109.00 108.00 85.00 109.00 102.00 90.00 77.00 109.00 102.00 77.00 72.00 55.00 Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with litigation and Court appearances will be quoted separately. Project-related mileage will be billed at the prevailing standa:-d mileage rate as determined by the IRS. Subcontractors and other project-related expenses will be billed at cost plus 15%. The above schedule is for straight time. Overtime v.ill be charged at 1.50 times the standard hourly rates. Interim a."!d/or monthly statements will be presented for completed work. These will be due and payable upon presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each month on the unpaid balance. 13 · LINSCOTT LAW & GREENSPAN engineers . Engineers & Planners Traffic Transportation Parking Linscott. law & Greenspan, Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 858300.8800 T 858.300.8610 F www.!lgengineers.com Pasadena Irvine San •'ego Woodland Hills Principal Engineer/Geologist'Environmental Scientist Certified Industrial Hygienist Senior Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist'Environmental Scientist Certified Asbestos Consultant, Lead Inspector/Assessor, Lead Project Monitor Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist Certified Site Surveillance Technician, Lead Sampling Technician* GISAnalyst Field Operations Manager Supervisory Technician* Nondestructive Examination Technician*, UT, MT, LP ACI Concrete Technician* Concrete/Asphalt Batch Plant Inspector* Special Inspector (Concrete, Masonry, Steel, Welding, and Fireprooiingf Senior Field/Laboratory Technician"' Field/Laboratory Technician* Technical Illustrator/CAD Operator Information Specialist Geotechnical/Environmental/Laboratory Assistant Data Processing, Technical Editing, or Reproduction Concrete Coring Equipment (includes one technician) X-Ray Fluorescence PID/FID Usage Anchor load test equipment (includes technician) Hand Auger Equipment Inclinometer Usage Vapor Emission Kits Level D Personal Protective Equipment (per person per day) Rebar Locator (Pachometer) Nuclear Density Gauge Usage Field Vehicle Usage Direct Project Expenses Laboratory testing, geophysical equipment, and other special equipment provided upon request. PSA 19-564CA $ 178 $ 178 $ 168 $ 163 $ 163 $ 156 $ 142 $ 126 $ 126 $ 116 $ 112 $ 98 $ 98 $ 98 $ 98 $ 98 $ 98 $ 98 $ 92 $ 78 $ 76 $ 68 $ 180/hr $ 300/day $ 140/day $ 97/hr $ 65/day $ 40/hr $ 40/kit $ 30/p/d $ 30/hr $ 15/hr $ 12/hr Cost plus 10 % For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday ccnstruction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal ccnstruction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on acccunts not paid within 30 days. The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo & Moore's Work Authorization and Agreement. *Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of lnduS1rial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. Ninyo & Moore I City of Cansbad Master Agreements I S02-01360 I June 12, 201 a 14 C11 PW SOILS Atterberg Limi1s, 04318, CT204 $ Califcmia Bearing Ratio (CBR), D 1883 $ Chloride and Sulfate Content. CT 4~7 & CT 422 $ Consolidatior, D 2435, CT 219 S Consolidatior., Hydro-Collapse only, D 2435 .......................................... S Conso!idation -T rne Rate, D 2435, CT 219 S Direct Shear-Remolded, D 3'.)80 S Direct Shear-U ndish;rbed, D 3080 S Durability Index, CT 229 S Expansion Index, D 4829, IBC 18-3 S Expansion Potental (Me':hod A;, D 4546 S Geofabric Tens:Je and Elongation Test, D 4632 S Hydraulic Cond:ictivity, D 5C84 S Hydrometer Analysis. D 422, CT 203 $ Moisture, Ash, & Organic Matter of Peat/Organic Sous $ Moisture Only, D 2216, CT 226 $ Mo·sture and Density, D 2937 $ Perneability, CH, D 2434, CT 220 $ pH and Resistivity, CT 643 $ Proctor Density 01557, D698, CT216,AASHTOT-180 $ Proctor Density with Rock Correction D 1557 $ R-value, D 2644. CT 301 $ Sand Equivalent, D 2419, CT 217 $ Sieve Analysis, D 422, CT 202 $ Sieve Analysis, 200 Wash, D 1140, CT 202 $ Specilic Gravity, D 854 $ Thermal Resistivity (ASTM 5334. IE::E 442) $ Triaxial Shear, C.D, D 4767, T 297 $ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ Triaxial Shear, C.U., w/o pore pressure. D 4767, T2297 per pt $ Triaxial Shear, U.U., D 2850 $ Unconfined Compression, D 2166, T 2C8 $ MASONRY Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ Brick Compression Test, C 67 $ Brick Efflorescence, C 67 $ Brick Modulus of Rupture, C 67 $ Brick Moisture as received, C 67 $ Brick Saturation Coefficient, C 67 s Concreie Block Compression Test, 8x8x16, C 140 s Concrete Block Conformance Package, C 90 s Concrete Block Linear Shrinkage, C 426 s Conc~ete Block Untt Weight and Absorption, C 140 s Cores, Compression or Shear Bond, CA Code s Masonr1 Grout, 3x3x6 prism compression, C 39 s Masonr1 Mortar. 2x4 cylinder compression, C 109 s Masonrf Pris:n, half size, compression, C 1019 s Masonrf Pris:n, Full size. compression, C 1019 s REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615 s Fireproofing Density Tes~ UBC 7-6 s Hardness Test, Roc",vel:, A 370 s High Strength Bolt, Nut & Washer Conformance, per assembly, A 325 s Mechanicaily Spliced Reinforcing Tensi,e Test, ACI s Pre-Stress Strand (7 wire), A 416 s Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 s Structural Steel Tens'le Test Up to 200,000 lbs. (rr.achining extra), A 370 s Welded Reinforcing Tensae Test Up to No, 11 bars. ACI s 170 550 175 300 150 75 350 300 175 190 17C 20C 35C 220 120 35 45 300 175 220 340 325 125 145 100 125 925 450 400 25C 180 130 70 55 55 50 45 6C 70 500 200 70 7C 45 35 12C 200 135 SC 70 150 175 170 6C BC 65 PSA 19-564CA CONCRETE Compression Tests, 6x~ 2 Cyllnder, C 39 Concrete Mix Design Review, Job Spec Concrete Mix Design, perTr:al Batch, 6 cylinder, ACI Concrete Cores, Compression (excludes sampling), C42 Drying Shrinkage, C 157 Flexural Test, C 78 Flexural Test. C 293 Flexural Test, CT 523 GunkeiShotcrete, Panels, 3 cut cores per panel and test, ACI Jobske Testing Laboratory ~ightweight Concrete FiU, Compress'on, C 495 0etrograph'c Analysis, C 856 ".estrained Expansion of Shrinkage Compersation Splitting Tensile Strength, C 496 3x6 Grout. {CLSM), C 39 2x2x2 Non-Shrink Grout, C 109 ASPHALT CONCRETE $ 30 $ 180 $ SSC· S 6C S 40C S 75 $ 75 S 85 S 275 Quote S 50 S 2,'.lOO $ 450 $ 100 $ 45 $ 45 Air Voids, T 269 $ 75 Asphalt Mix Design, Caltrans (incl. Aggregate Quality; $4,500 Asphalt Mix Design Review, Job Spec $ 1 BO Dust Proportioning, CTLP-4 $ 75 Extraction,% Asphalt, including Gradation, D 2172, CT 382 $ 250 Extraction,% Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Film Stripping, CT 302 $ 120 Hveem Stab;Jityand UnitWeightJ 156C, T246, CT36€ $ 225 Marshall Stability, Flow and Unit Weight, T 245 $ 240 Maximum Theoretical Unit Weight, D 2D41, CT 309 $ 150 Moisture Contenl CT 370 $ 85 Moisture SusceptJbflity and Tensile Stress Ratio, T 238, CT 371 $ 1,000 SlurryWetTrackAbrasion, D 3910 $ 150 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) $ 4,900 Superpave, Gyratory Unit \Nt. T 312 $ 100 Superpave, Hamburg Wheel, 2C,OOO passes, T 324 $1,000 Unit Weight sample or core, D 2726, CT308 $ 1QO Voids in Mineral Aggregate, (VMA) c-;-LP-2 $ 75 Voids filled with Asphalt, 0/FA) CT LP-3 $ 75 Wax Density, D 1188 $ 100 AGGREGATES Clay Lumps a~d Friable Particles, C 142 Cleanness Value, CT 227 Crushed Particles, CT 205 Durability, Coarse or Fine, CT 229 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 9at and Elongated Particle, D 4791 Lightweight Particles, C 123 Los Angeles Abrasion, C '.31 or C 535 Material Finerthan No. 200 Sieve by Washing, C 117 Organic Impurities, C 40 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 Potential Alkali Reactivity, Mortar Bar Method. Fine, C 1260 Potential Reactivfy of Ag3rega\e (Cherr,icai Metr.od), C 289 Sand Equivalent. T 176, CT 217 Sieve Analysis, Coarse Aggregate, T 27, C 136 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 Sodium Sulfa:e Soundness, C 88 Specific Gravity and Absorption. Coarse. C 127, CT 206 Specific Gravity and Absorption, Fine. C 128, CT 207 ROOFING Roofing Tie Absorption, (set of 5), C 67 Roofing Tile Strength Test, (set of 5), C ff7 $ 180 $ 180 $ 175 S 205 S 180 S 220 $ 180 S 200 S 90 S 90 S 1,250 S 950 S 475 S 125 S 120 $ 145 S 450 S 115 S 175 S 250 $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore I c;ty of Carlsbad Mas:er Agreements I S02-0136C ) June 12, 2018 C11 PW 15 PSA 19-564CA SAN DH~GO NATURAL HISTORY MUSEUM EXHIBIT B-SDNHM RATE SCHEDULE NAME TITLE Thomas Demere Project Director/Principle Investigator Rodney Hubscher Field Manager Katherine McComas Report Writer Staff Paleontological Field Monitor Staff Collections Manager Staff Screenwashing & Floating Staff Fossil Preparator Staff Curatorial Assistant Staff Record Search Melissa Soetaert Contract Administrator the P.O. BOX 121 390, SAN Dl!:GO, CA 92112-1390 SDNAT.ORG P 619.232.3821 c 619.232.02A8 16 HOURLY RATE $130.00 $90.00 $85.00 $56.00 $60.00 $60.00 $56.00 $56.00 $85.00 $65.00 PSA 19-564CA EXHIBIT 8-SAMPLE MASTER AGREEMENT RATE SCHEDULE Prices valid through Term of Agreement STAFF NAME 1. Joe Engineer 2. Mary Manager 3. Dora Designer 4. 5. 9. 10. SUB-CONSULTANTS NAME[FIRM l. Doug Mengers / PanGIS, Inc 2. 3. 9. 10. EXPENSES DESCRIPTION 1. Mileage 2. Copy services 3. 4. 5. Master Agreement Consulting Services TITLE Principal Project Manager Design Engineer TITLE Senior Historian COST I : $X.XX / mile $X.XX I page 14 of 24 17 HOURLY RATE ! $XXX.XX $XXX.XX $XXX.XX HOURLY RATE $95.00 % MARKUP XX% XX% Request for Qualificatior. RFQ No.18-05 HELIENV-02 LYNNA AC-ORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYI ~ 3/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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). PRODUCER License # OE67768 22~iAcT Betty Gomez IOA Insurance Services iA~g,NJo, Ext): (858) 754-0062 50232 rFAX 4370 La Jolla Village Drive (A/C, Nol:(619) 574-6288 Suite 600 ~~ss, Betty.Gomez@ioausa.com ---~~------San Diego, CA 92122 1...-----------INSURER(S) AFFORDING COVERAGE ---. NAIC# ----- ---·--- - INSURER A: Admiral Insurance Com~an)I' ----24856 --- INSURED INSURER!l"_Travelers Casualty Insurance Company of Americ.i __ 19046 Helix Environmental Planning, Inc. INSURER C: ---- 7578 El Cajon Blvd., Ste. 200 INSURER D: La Mesa, CA 91942 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ -- 1r1: TYPE OF INSURANCE ~~p~ ~~~J POLICY NUMBER POLICY EFF POLl<:;_YEXP LIMITS A~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 j D CLAIMS-MADE CR] OCCUR X FEI-ECC-13581-05 04/01/2018 04/01/2019 ~~~tiinE~~~lEr?0 nce \ $ 50,000 -- X Cont Liab/Sev of Int MED EXP 'An" _o_r}~erson\ $ 10,000 -X Contractor Pollution PERSONAL & ADV INJURY $ 1,000,000 ------ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 -1 POLICY CR] j'tff • LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 5,000 B ~TOMOBILE LIABILITY I fE~~~~~~~?NGLE LIMIT $ 1,000,000 X ANY AUTO 810-7K33549-TCT-18 I 04/01/2018 04/01/2019 BODILY INJURY /Per •erson) $ -OWNED -SCHEDULED ' AUTOS ONLY AUTOS I BODILY INJURY /Per accident) $ -- I HIRED NON-OWNED fp~?~[c\'cJ~t?AMAGE $ -AUTOS ONLY -AUTOS ONLY X rif'6'8oDed X Coll Ded .. $1,000 $ A UMBRELLA LIAB ~ OCCUR ! EACH OCCURRENCE $ 5,000,000 -' X ' EXCESS LIAB CLAIMS-MADE I FEI-EXS-13582-05 04/01/2018 04/01/2019 , 5,000,000 I AGGREGATE $ OED I X I RETENTION$ 0 I $ WORKERS COMPENSATION I I I PER I I OTH- AND EMPLOYERS' LIABILITY ! STATIITE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE • NIAi EL EACH ACC::IQ!::NT $ OFFICER/MEMBER EXCLUDED? ------ (Mandatory in NH) I EL DISEASE -EA EMPLOYEE $ 1 If yes, describe under I DESCRIPTION OF OPERATIONS below i EL DISEASE -POLICY LIMIT $ A Prof Liab/Clm Made FEI-ECC-13581-05 04/01/2018 04/01/2019 Limit 1,000,000 A Ded.: $10K Per Claim FEI-ECC-13581-05 04/01/2018 04/01/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ;:CORD 101, Additional Remarks Schedule, may be attached if more space Is required) The Excess Liability policy follows form to the eneral Liability, Contractors Pollution Liability, Professional L1abihty, Auto Liability and Employers Liability. Re: All Operations City of Carlsbad is Additional Insured with respect to General Liability Liability per the attached endorsements as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD AUTHORIZED REPRESENTATIVE c/o EXIGIS Insurance Compliance Services (\c-:4? P .0. Box 4668 -ECM #35050 Ir.,,,1"'h"rl r.1,, Q?nn11 .--'--' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADM/Rf.flj,, 1-,el/x Environmental Planning inc. Endorsement Number: 31 Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization Thi, e11dOh<'lllcllt. dfc'1.'tiw • I 2018 attach<''> to ;md fornb n pert of Policy Number FEI-FCC-13~81-0~. Tlus c11d01s,:,mc11t changes 1he Policy. Plcn~c read 11 c,m~litll) In consideration of an ndditional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Per~on(s) Or Orgnniwlion(s}: Loc1ltio11(~1 Ol'Covc1·od Op(l1·ntio11~ Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contn1ct, to name ns an additional insured. endorsement is required by contract. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 A. Section 11 -Who Is t\.n Insured is amended to include as an additional insured the person(s) or OJ'ganization(s) shown in tl1e Schedule, but only with respect to liability for "bodily injury", "prope1ty damage" or "personal and 11dvo11ifliug injury" c:,uijod, in whole or in pnrt, by: 1. Your acts or omisi;ions; or 2. The acts or omissions of those acting on youi-behalf; in the performance of your ongoing operationa for tho 11dditionnl i.n~urod(6) at the location(8) <lesignal<.:d above. However: 1. The insurance afforded to such additional insurnd only applie6 to the extent pe1mitted 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 at'e required by the contract or agreement to provide for 1mch additional insured. B. With respect to the insurance .ifforded to thei;e additional insureds, the following additional exclusions apply: (<:} ISO Propc11ics, Inc. ADMIRA~' CG 2010 0413 Helix Environmental Planning Inc. Endorsement Number: 31 This insurance docs not apply to "bodily injury" or "property damage" occuning after: 1. All work., induding materials, pa11s or equipment furnished in cormectiou with such work, on the project ( other than service, maintenance or repair~) to be performed by or on behalf of !lie .1dditional insured(s) at the location of the covered operations ha~ been completed; or 2. Th;it portion of "your woi·k" oHI of whid1 tlrn injury N' clamag,; :irise~ h.i;. been put to its intended use by any person or organization othcl' than another contrnctor or snhcontrnctor engaged in performing operntions for a principal as a part of the same project. C. With respe(;.t k1 the imurnnce ,1f)'ol'(led to lhe.~e ~ddilional imureds, the following is added to Section III • Limits Of Insurance: If coverage provided to the additional insured is required by a contrnct or agreement, the most we will pay on behalf of the additional insured is the Ml1Clllllt 0f it1Rll1'/l l\t'W 1. Required by the contract 0r agreement; or 2. Available under the applicable Limits ofinsurance shown in the Declarations; whidiev~r i~ le~!< This endorsement slrnll not increase the applicable T ,imits of Insurance shown in the Dccl..rations. rt:, ISO P10pe11ies, Jue. Helix Environmental Planning me. Endorsement Number: 5 Additional Insured -Owners, Lessees or Contractors - Completed Operations Thi, endorsement. d'lectiw • · 1-2018 mrnche, to ,md fonns a part ol Policy :\'umber FEI-ECC-U581-05. Thi, endorsement chanf(es the Policy. Please read it carefolly. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENJ.i:IUL LIABILITY COVERAGE PART SCHEDULE Name Of Addlt!onal lnsure1I Per.rnn(s) Loc11tion And Dc~cl'iptlon Of Com11leted Or Or,:xa11bl\tlot1(t): Op.-1·acion• Any person(s) or organization(s) whom the Named Insured Those project klca!ions where this ogroo:;, inn written controct, to nnme Oil on additional in.~ured. cndornement is required b)' contract. Efowevcr, this status exist~ only for the proj cct specified in that contract. 1!1forma(ion re<mired lo complete this Sched11le. if not shown above, will be shown in the Declarn1iolls. co 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or org1mi.z11tion(s) shown in the Schedule, but only with rcspccl lo liability for "bodily injury" 0t' "pwperty damaae" ca.used, in whole or iii p,111, by "your work" at the loc.1tion dcsigt1akd and described in U1c schedule of this endorsement performed for tlrnt additiou11l insured and included in the "products- completed operations hazard". ® ISO Prope1ties, Inc,, 2004 Heltx Environmental Planning Inc. Automatic Additional Insured -Owners, Lessees or Contractors ECC-319-0712 Thi~ C"udor~emeul. dTel'liw .J.'[.'1018 atl~dte~ lo and fonm ,1 part of Poliey Number FEI-ECC-13581-05. This enclor,ement changes the Policy. Plea,e read it carefully. In consideration of an additional premium of $Applied. this endorsement modifies insurance provided unde.r the following: COM!\IIERCIAL GENERl\L LIABILITV COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Pt}l'Son or Ol'g::mization: Any person(s) or organization(s) whom the Named insured aglees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed fot that insured. ECC-548-0317 Helix Environmental Planning Inc. Endorsement Number: 16 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This eudor~ement. dfoctin· ,f, J/2018 a1tach<:'f> to 11nd fonm il pat1 of Policy Number FEI-ECC-13581-05. This enclorscment changes the Policy. Please read it carefnlly. TI1is endorsement modifies insurance provided under the Coven1ge Part(s) indicated below: SCHEDUT,E Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contracl. to provide Primary an,Vor Non-contributory status of this insurance. However, thi..~ status exists only for the project specified in that contract. In consideration of an additiona I premium of t:\m:>Ji~l and notwithstanding anything cont.iinecl in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar irnrnrance hdd by third parties in respect to ,vork performed by you under any written contractual agrnement with such third party. ft is further agreed that any other insurance which the pcrson(s) or organiwtion(s) named in the schedule may have is excess and non- contributory to this insurance. Hellx Environmental Planning Inc. Endorsement Number: 19 Automatic Waiver of Subrogation Endorsement This eudorselll<'IIL effrl'liYt' 4, L-20lS ,l!tm:hes to nm! fonus n pm·I of Policy Nmnb<"r FEI-ECC-1.,581-0:i. Thi~ endorsemcur change, the Policy. Plen,~ read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGJ!'. PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(i;) or org:inization(R) to whom the Nc,mad Im·ured ngl'e~, in a written contract, to provide a waiver of subrogation. However, this statti~ exist1-; only for the project $pccified in thal contract. 1he Company waives any right of recovery it may have against the 1,erson or organization r;hown in the above Schedule because of payments the Company makes for irtjul'y or damage arising out oftl,e insured's work done under a contract witlt that person or organization. The waiver applies only to the person or ol'ganization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, drnnge tl1e scope of coverage or increase the Aggregate Limits oflnsurnnce shown in the Declarations. Client#· 439408 HELIXENVIR1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 10/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ------·-·-----------IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER tli'~~A'-'' Joyce Flores Marsh & McLennan Agency LLC WS"Ifo Ext): 858=587-7546 --· I f,5~ Nol: 858-210-3932 -- Marsh & Mclennan Ins. Agency LLC f~D~~ss, Joyce.Flores@marshmma.com PO Box 85638 INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 -.. INSURER A : Travelers Property Casualty Co of Amer 25674 -------~---· -------- INSURED INSURER B: HELIX Environmental Planning, Inc. INSURER C: 7578 El Cajon Boulevard, Suite 200 INSURER D: La Mesa, CA 91942 ----------------- ~U_R_l:_RE: ---------------- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DDNYYYI IMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -=:J CLAIMS-MADE • OCCUR ~~~~~H?E~~~JJ~ncel $ MED EXP (Any one person) $ ---. PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER ,_<,__E_NERAL_AGGREGATE $ Fl •PRO-•LOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER $ ·-· COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY /Ea accident\ $ ~ ANY AUTO BODILY INJURY (Per person) $ f--OWNED ~ SCHEDULED I AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ f--f--I HIRED NON-OWNED I ! PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY I /Per accident) f--f-- $ --- I ---------------1-------- UMBRELLA LIAB H OCCUR I i EACH OCCURRENCE $ f-----------·--- EXCESS LIAB CLAIMS-MADE I AGGREGATE $ DED I I RETENTION$ I $ ---- --------------------------... A WORKERS COMPENSATION X UB3K1683401826G p4I01I2018 04/01/2019 }(_ I ~~~TIITS I l~JH- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE~ E L EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E L DISEASE -EA EMPLOYEE $1 000 000 If yes, descnbe under I E L DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below I I i DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation applies on workers' compensation per the attached. CERTIFICATE HOLDER CA NC ELLA TION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS, P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~L---- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3722236/M3346170 WSJDF INSURED: HELIX Environmental Planning, Inc. POLICY#: UB3K1683401826G ..... TRAVELERSJ ONB TOWBR SQUARE HARTFORD, CT 06183 POLICY PERIOD: 04/01/2018 TO: 0410112019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury ccvered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 02. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement ls Issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. ST ASSIGN: Endorsement No. Premium Page 1 of 1 INSURED: HELIX Environmental Planning, Inc POLICY#: UB3K1683401826G POLICY PERIOD: 041011201s TO 0410112019 ...... TRAVELERSJ ONE: TOWER SQUARE aARTFORD, CT 06183 POLICY NUMtlE'R WORKERS COMPENSATION ANO EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 0611 ( A) NOTICE OF CANCELLATION Except for nun-payn,c:nl of µ,t:n,iurn by you, we agree that no c;:incellat1on or limitation of this policy shall become effective until the number of day's writte11 notice specitied in 1tom ;, ot the Schedule h<1s been mailed to you and to the person or orgarnzation designated in item 1 of the Schedule at the address indicated. Name: Address: SCHEDULE City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P O Box 4668 -ECM #35050 New York, NY 10163-4668 2. Numb€'r of Days WrittE>n Notice: 3 D .Additional Days This endorsement changes the policy to which it is attached cmd is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured lnsurnr.ce Cornpariy DATE OF ISSUE: Policy No. Endorsement No. Premium S Countersigned by _______________ _ ST ASSIGN: Page 1 of 1