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HomeMy WebLinkAboutHelix Environmental Inc; 2018-01-03;AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES HELIX ENVIRONMENTAL, INC. is made and entered into as of the 'J Cd day of _..:::,--...,~--..,.__ ___ , 20.lB_, by and between the CITY OF CARLSBAD, a municipal and HELIX ENVIRONMENTAL, INC., a California corporation, RECITALS A. City requires the professional services of an environmental consulting firm that is experienced in the California Environmental Quality Act (CEQA). B. Contractor has the necessary experience in providing the required professional services and advice related to the Village and Barrio Master Plan Project. 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 1 (one) year from the date first above written. The Department Director may amend the Agreement to extend it for 1 (one) additional 1 (one) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be seventeen thousand two hundred thirty-five dollars ($17,235.00). 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". City Attorney Approved Version 9/27 /17 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 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 City Attorney Approved Version 9/27/17 2 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 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. City Attorney Approved Version 9/27 /17 3 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 Laureen Ryan Name Tammy Ching Title Management Analyst Title Planning Division Manager Department CED ----------Address 7578 El Cajon Boulevard City of Carlsbad La Mesa, CA 91942 Address 1635 Faraday Avenue Phone No. 619-482-1515 Email tammyc@helixepi.com Phone No. 760-602-4615 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. City Attorney Approved Version 9/27 /17 4 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. YesD NoG 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 ofthe 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 City Attorney Approved Version 9/27 /17 5 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT 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. City Attorney Approved Version 9/27/17 6 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. HELIX ENVIRONMENTAL, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California ~~ ~lk~~ , ~n ~-DEBBIFC'UNTAIN ' ~~ s .CAJ Vice. Pref Department Director (print name/title) · '· ign e :Kn st, n l> , s z ~ k , c FD (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 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, City Attorney BY: £1[jj ~ Assistant CityAttorn y City Attorney Approved Version 9/27/17 7 MINUTES OF BOARD OF DIRECTORS OF HELIX ENVIRONMENTAL PLANNING, INC. This meeting of the Board of Directors ("Board") of HELIX Environmental Planning, Inc. ("HEP" or the #Company") was held on March 25, 2016. Present at the meeting were directors Kristin Olszak, David Claycomb, Randi Coopersmith and Michael Schwerin. Michael Schwerin acted as Chairman of the meeting and Kristin Olszak served as Secretary. Signing Authority WHEREAS, there has been presented to the Board of Directors of HEP a new schedule for signing authority by certain individuals and the monetary limits for check signing, the terms and provisions of which are incorporated herein by this reference as if set forth at length. IT IS THEREFORE RESOLVED, that the new signing authority is as follows: • Michael Schwerin, CEO, has authority to enter into binding negotiations and sign any document or check on behalf of HEP, with check limits in excess of $200,000 requiring a second signature by Tammy Ching or Kristin Olszak. If a lease's value exceeds 1% of gross revenue, then the lease will need Board approval before being signed. • Tammy Ching, Environmental Planning Division Manager for HEP, has authority to enter into binding negotiations and sign any document or check on behalf of HEP, with check limits in excess of $200,000 requiring a second signature by either Michael Schwerin or Kristin Olszak. If a lease's value exceeds 1% of gross revenue, then the lease will need Board approval before being signed. • Kristin Olszak, CFO, has authority to enter into binding negotiations and sign all checks, leases and financial documents for HEP, with check limits in excess of $200,000 requiring a second signature by either Michael Schwerin or Tammy Ching. When any lease exceeds 1% of gross revenue in value, then the lease will need Board approval before being signed. • Shelby Howard, Biology Division Manager, has authority to enter into binding negotiations and sign any project-related contracts or proposals for HEP. • The following employees have authority to enter into binding negotiations and sign any project- related contracts or proposals for HEP in the following amounts: David W. Claycomb, Northern California Regional Manager -$250,000 or less Andrea Bitterllng, Environmental Planning Group Manager -$150,000 or less Joanne Dramko, Environmental Planning Group Manager -$150,000 or less Karl Osmundson, Biology Group Manager-$150,000 or less Robert Edgerton, Principal Planner -$50,000 or less Mary Robbins-Wade, Cultural Group Manager -$50,000 or less Al Martinez, Telecommunications Group Manag~--- ~~ EXHIBIT "A" SCOPE OF SERVICES The following tasks are based on the draft scope of services provided on October 5, 2017 and our conference call on October 4, 2017 to discuss the approach to reviewing the new Draft Master Plan and determining whether the IS/MND prepared for the project will require recirculation. TASK 1 -Evaluate Process to Update Contractor will review the Draft IS/MND and Mitigation Monitoring and Reporting Program (MMRP) completed in February 2016 for relevancy and accuracy against either the updated administrative draft or public review draft (as determined by the City) of the new, third draft of the Master Plan. Contractor will participate in a conference call with City staff to understand the substantive changes and make a professional recommendation as to whether the changes to the Master Plan warrant recirculation of the environmental documentation. This task assumes that no more than eight hours of Project Manager time and two hours of Principal time would be required to evaluate the process to update the environmental documentation and provide a written recommendation. Deliverables Written recommendation on whether or not recirculation of the Draft IS/MND is necessary. TASK 2-Update 2016 Environmental Documentation Based on the conference call with staff from Task 1 and review of the new Master Plan, Contractor will update the environmental documents prepared for the first draft of the Master Plan and circulated in early 2016. Contractor will perform the following task components: Revise the project description section to match the new Master Plan based on edits to the project description supplied by the City. Revise the initial study checklist to be consistent, as appropriate, with the new Master Plan and the City's latest initial study template, including the subject categories, narrative and data, and questions in the "evaluation of environmental impacts" section. This effort will be supported by edits and comments supplied by the City. Incorporate and format into the initial study new Master Plan graphics supplied by the City. Evaluate and incorporate, as necessary, comments received in response to the 2016 circulation. Revise, as necessary, mitigation measures and the MMRP. Provide overall formatting of the environmental documentation and quality assurance/quality control (QA/QC). This task assumes one round of revisions in response to review and comments by City staff. Deliverables Updated environmental documents, including the IS/MND, MMRP, and associated graphics, will be provided electronically in both Microsoft Word and Adobe Acrobat (.pdf) formats, as applicable, for ease of review and comment. No hard copies will be provided. City Attorney Approved Version 9/27 /17 8 TASK 3 -Draft Master Plan Response to Public Comments Support The City will release a new Master Plan for public review prior to Planning Commission and City Council public hearings. Contractor will provide assistance in addressing and responding to public comments on the new Master Plan, whether received during the public review period or during public hearings, which pertain to environmental issues, the environmental analysis, and/or CEQA approval, or that would necessitate changes to the project description, analysis or conclusions presented in the environmental documentation. Contractor will assist with revisions to the environmental documents, as necessary. This task assumes that no more than 12 hours of Project Manager time and 1 hour of Principal time would be required to respond to comments and revise the environmental documentation based on public comments on the new Master Plan. Communications with City staff to discuss comments pertaining to environmental issues and assist staff with addressing environmental issues raised by the public may occur via phone and email and may be ongoing as comments are received and responses developed. Deliverables Updated environmental documents in response to public comments on the new Draft Master Plan, including the IS/MND, MMRP, and associated graphics, will be provided electronically in both Word and Adobe .pdf format, as applicable. No hard copies will be provided. Written response to comments support provided via email or memorandum format, if applicable. TASK 4 -Recirculation Support Upon completion of Task 1, should the City, with Contractor advice, deem that recirculation of the environmental documents is necessary, Contractor will complete Task 2 above to prepare the environmental documents for recirculation and assist the City in recirculation efforts. These efforts include review or input, if requested by the City, of supporting administrative documentation related to the recirculation (i.e., Notice of Completion & Environmental Document Transmittal form to the State Clearinghouse, Notice of Intent) as prepared by the City. This task assumes that no more than six hours of Project Manager time and one hour of Principal time would be required for recirculation support. This task does not include preparation of the Final MND. Deliverables Written recirculation support provided via email or memorandum. TASK 5 -Preparation of Final MND Contractor will provide support in responding to comments received on the content of the Draft IS/MND during public review (including public hearings) of the document. The City will review all comments and provide the initial comment bracketing and response assignments for input by Contractor. Contractor will respond to applicable comments on the Draft IS/MND contents and conclusions and provide the draft responses to comments electronically to the City for review. The responses and revisions to the Draft IS/MND (as needed) will be incorporated into the Final MND. If necessary, one set of revisions (assumed to be minor) will be incorporated prior to finalizing the document. Contractor has budgeted 50 hours of professional time to complete all work under this task. If recirculation is unnecessary, it may be possible to complete the work in less time. The City will conduct all public noticing, distribute the Final MND, and be responsible for preparation of the NOD and its filing at the County Clerk (within five days after adoption of the City Attorney Approved Version 9/27/17 g Final MND). The City will pay the County Clerk and California Department of Fish and Wildlife (CDFW) CEQA filing fees. Deliverables Draft and final versions of the responses to comments in electronic (Microsoft Word and .pdf format). Final responses to comments will be formatted in a side-by-side format, with the comment letter on the left and the responses on the right. Final environmental documents, including the IS/MND, MMRP, and associated graphics, will be provided electronically in both Word and Adobe .pdf format, as applicable. No hard copies will be provided. OPTIONAL TASK TASK A -Public Hearing Attendance At the City's discretion, Contractor will attend one public hearing to help address environmental concerns. It is assumed that a total of eight hours of Project Manager time would be necessary for hearing preparation and attendance. ADDITIONAL ASSUMPTIONS AND LIMITATIONS ON SCOPE OF SERVICES City will provide Contractor with applicable Master Plan graphics in digital format for use in the environmental documentation. Costs associated with public meetings, hearings, and/or technical studies ("additional work") beyond what is described above are not included within the scope of services required of Contractor under this Agreement. For cost estimating purposes, it is assumed that once initiated, Contractor's work will not be put on hold by City. Stopping and starting work could result in inefficiencies and extra costs. SCHEDULE Contractor will work with City in a timely and professional manner. COST ESTIMATE AND PAYMENT PROCEDURES The services described above will be completed for a sum not to exceed $16,150 for Tasks 1-5, or $17,235 if Optional Task A is authorized. All work will be invoiced on a time-and-materials basis pursuant to the Cost Table and Schedule of Fees, and payable within 30 days of invoice receipt. City Attorney Approved Version 9/27/17 10 Costs associated with the tasks described in the Scope of Services are provided below. Cost Table Task Task Description Cost($) 1 Evaluate Process to Update 1,480 2 Update 2016 Environmental Documentation 5,580 3 Response to Public Comments on Draft Master Plan 1,780 Support 4 Recirculation Support 1,000 5 Preparation of Final MND 6,310 TOTAL (without Optional Tasks) $16,150 Ol;!tional Task A Public Hearing Attendance 1,085 TOT AL (with Optional Task) $17,235 City Attorney Approved Version 9/27/17 11 Village and Barrio Master Plan HELIX Environmental Planning, Inc. HELIX LABOR Personnel Principal Project Manager Sr. GIS Specialist Word Processor Clerical Subtotal HELIX Labor EXPENSES Mileage HELIX Mark-Up on Expenses rTotal Expenses iTOTAL Date: 11/29/2017 Task 1 evaluate Process to Update Rate Hours Cost $220 2 $440 $130 8 $1,040 $115 $0 $75 -$0 $60 -$0 10 $1,480 Task 1 $0.540 $0 10% $0 $0 $1,480J Task2 Task3 Update ..:u16 Oran master Environmental Plan RTC Documentation Support Hours Cost Hours Cost 3 $660 1 $220 32 $4,160 12 $1,560 4 $460 $0 4 $300 -$0 $0 -$0 43 $5,580 13 $1,780 Task2 Task3 $0 $0 $0 $0 $0 $0 $5,580J $1,I@] Task4 Task5 Optional Task A Recirculation Public Hearing Support Final MND Attendance TOTAL Hours Cost Hours Cost Hours Cost Hours Cost 1 $220 4 $880 -$0 11 $2,420 6 $780 36 $4,680 8 $1,040 102 $13,260 $0 $0 $0 4 $460 -$0 10 $750 -$0 14 $1,050 -$0 -$0 -$0 -$0 7 $1,000 50 $6,310 8 $1,040 131 $17,190 Task4 Task 5 Task 5 TOTAL $0 $0 75 $41 $41 $0 $0 $4 $4 $0 $0 $45 $45 $1,000J $6,31Q] $1,_Q_85J $17,2351 OF GonsultiriJ:J Services Consulting services performed by HELIX typically indude, 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. 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 $25.00 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 Principal Planner Principal Biologist Principal Permitting Specialist Principal Acoustician Sr. Fisheries Scientist Sr. Project Manager 1-111 Sr. Air Quality Specialist Sr. Environmental Specialist Noise/Air Quality Specialist Environmental Specialist 1-111 Environmental Compliance 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 1-111 GIS Technician Graphics Document Coordinator Technical Editor Operations Manager Word Processor 1-111 Clerical Rates are subject to change on a yearly basis $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 $90.00 $65.00 -$80.00 $75.00 $150.00-155.00 $70.00-125.00 $90.00-115.00 $65.00-75.00 $120.00-180.00 $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 HELIENV-02 LYNNA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/29/2017 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). PRODUCER License# OE67768 ~2bEcT Betty Gomez IOA Insurance Services FitJ8,Ntio, Ext): (858) 754-0062 50232 I Fffc, No):(619) 57 4-6288 4370 La Jolla Village Drive Suite 600 lo'f>'Mhss: Betty.Gomez@ioausa.com San Diego, CA 92122 INSURERISI AFFORDING COVERAGE NAIC# INSURER A ,Admiral Insurance Comoanv 24856 INSURED INSURERB :American Fire & Casualtv Comoanv 24066 Helix Environmental Planning, Inc. INSURERC: 7578 El Cajon Blvd., Ste. 200 INSURERD: La Mesa, CA 91942 INSURERE: INSURERF: 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 NUMBER ,:~hl%~1 ,:ID-J%r.gl LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE oo OCCUR ~~~~~H9E:~~~nce l 50,000 X FEIECC13581-04 04/01/2017 04/01/2018 $ X Cont Liab/Sev of Int MED EXP IAnv one oersonl $ 10,000 X Contractors Poll. PERSONAL & ADV INJURY $ 1,000,000 ~ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ H PoLlcY 00 ~f8-i= D Loc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 5,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,ooo IEa accidentl $ f--X ANY AUTO BAA55955335 04/01/2017 04/01/2018 BODILY INJURY /Per oersonl $ f--OWNED -SCHEDULED f--AUTOS ONLY -AUTOS BODILY INJURY (Per accident) $ HIRED ~8-f:ld§~Nl~ 1P~7~crc~a~t~AMAGE $ AUTOS ONLY X Comp Ded.: $500 X Coll Ded.: $1,000 $ A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 f--FEIEXS13582-04 04/01/2017 04/01/2018 5,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ / DED I X I RETENTION$ 0 $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS" LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Prof Liab/Clm Made FEIECC13581-04 04/01/2017 04/01/2018 Limit 1,000,000 A Ded.: $10K Per Claim FEIECC13581-04 04/01/2017 04/01/2018 Limit 2,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: All Operations City of Carlsbad is Additional Insured with respects 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 (~~ P.O. Box 4668 -ECM #35050 1r--•-'--" l"'A a?nn11 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I Helix Environmental Planning Inc. Endorsement Number: Additional Insured -Owners, Lessees or Contractors-Scheduled Person or Organization This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMlvIERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 01'1!:0nizotion(s}: Location(s) Ot"Covorcd Opo1•ations Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contract, to name as 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 II -\\110 Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury''. "property damage" or "personal and advet1ifling injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf~ in the performance of your ongoing operations for the ndditional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insw·ed only applies to the extent pe1mitted by law; and 2 If coverage provided to the additional insured is required by a contract or agreement, the irnmrance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: © ISO Properties, Inc. .. ., .. rt.. CG 20100413 Helix Envtronmental Planning Inc . Endorsement Number: . This insurance does not apply to "bodily injury" or "property damage" occun-ing after: l. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. Tlrnt pm1ion of "your work" out of whid1 the injury or damage arue,~ has been put to its intended use by any person or organization other than another contractor or subconh"actor engaged in pe1forming operations for a principal as a pat1 of the same project. C. With respec.t fo the insurance aflcmled to the~e additional insureds, the following is added to Section III -Limits Oflnsurance; 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 nmount of ini:.ul'an".e: 1. Required by the contract or agreement; or 2. Available under tl1e applicable Limits ofinsurance shown in the Declarations; whichev~r i~ less This endorsement shall not increase the applicable Limits ofinsurance shown in the Declarations. © ISO Properties, Inc. .J Hellx Environmental Planning Inc. Endorsement Number: Additional Insured-Owners, Lessees or Contractors- Completed Operations This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully . In consideration of an additional premium of $Applied, this endorsement modifies insw·ance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART :SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed · Or 01·11anl2atlon(r)! Oporationt Any person(s) or organization(s) whom the Named Insured Those project locations where this ogreeo, inn written contrnct, to nnme oo on odditionol illilured. endorsement is required by contract However, this status exist'> only for the project specified in that contract. Infonnation recru.ired to comJllete this Schedule, if not shown above will be shown in the Declarations. CG20 3707 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organizalion(s) shown in the Schedule, but only with respect lo liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". © ISO Prope1ties, Inc., 2004 Helix Environmental Planning Inc. Endorsement Number: Automatic Additional Insured -Owners, Lessees or Contractors I ECC-319-0712 This endorsement, effective 4/1/2017 attaches to and fonus a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Appli~ this endorsement modifies insurance provided under the following: COMI\IIERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person ot· Organization: Any person(s) or organization(s) whom the Named insured agrees, 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 for that insured. Client#· 439408 HELIXENVIR1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 9/22/2017 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 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 ~XIJ~~"' Joyce Flores Marsh & Mclennan Agency LLC ritJgN~o Extl: 858-587-7546 Ir~ No): 858-210-3932 Marsh & Mclennan Ins Agency LLC t~D~~ss, Joyce.Flores@BarneyandBarney.com PO Box 85638; CA Lie #0H18131 INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A , Travelers Property Casualty Com 25674 INSURED INSURER B: HELIX Environmental Planning, Inc. INSURERC: 7578 El Cajon Boulevard, Suite 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DDNYYYI IMM/DDNYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE OoccuR ~~~~f~H?E~~~~rPencel $ -MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl DPRO-DLOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY -fE~~:~~~n81NGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accidentl --$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION X DT JUB8249P37 A 17 04/01/2017 04/01/2018 X l~~fTuTE I l~JH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE[N] E.L. EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1000000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1 000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation applies on worker's compensation per the attached. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668-ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I c/d7---- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2997786/M2648363 WXNXS INSURED: HELIX Environmental Planning, Inc. POLICY#: DTJUB8249P37A17 TRAVELERs'J"' ONE TOWER SQUARE HARTFORD, CT 06183 POLICY PERIOD: 04/0112017 TO: 0410112018 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 covered by this policy. We will not enforce our right againsttha person or organization named in the Schedule. The additional premium for this endorsement shall be 02. 00 0 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT IXECUT!D PRIOR TO LOSS TO PURHISH THIS WAIVER. Schedule Job Descrlp1ion 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 Is Issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. ST ASSIGN: Endorsement No. Premium Page 1 of 1