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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2022-08-31; PSA23-1949UTILGeneral Counsel Approved Version 6/12/18 1 AGREEMENT FOR WATER AND RECYCLED WATER ENGINEERING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2022, 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, ("CMWD"), and Helix Environmental Planning, Inc., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in environmental montoring and water engineering services. B. Contractor has the necessary experience in providing professional services and advice related to environmental monitoring and water engineering services. C. Contractor has submitted a proposal to CMWD 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. 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 the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 thirty-nine thousand three hundred and sixty-nine dollars ($39,369). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed forty thousand dollars ($40,000) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF August 31st General Counsel Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of 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. 8. 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. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 3 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys’ fees arising out of the performance of the work described herein caused by any negligence, 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive 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. 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. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 4 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 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. 11.5 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. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of 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. 14. 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. 15. 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. PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Keri Martinez Name Joanne M. Dramko Title Utilities Senior Engineer Title Project Manager Carlsbad Municipal Water District Address 7578 El Cajon Blvd. Address 5950 El Camino Real La Mesa, CA 91942 Carlsbad, CA 92008 Phone 619-462-1515 Phone 442-339-2354 E-mail joanned@helixpi.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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD 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 PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 6 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. 21 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. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, 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. 23. 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 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. PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 7 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon 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. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF General Counsel Approved Version 6/12/18 8 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad HELIX ENVIRONMENTAL PLANNING, INC. a California corporation By: By: (sign here) Vicki V. Quiram, General Manager, as authorized by the Executive Manager Joanne Dramko, Environmental Planning Group Manager (print name/title) By: (sign here) (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By:_____________________________ Assistant General Counsel PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF ~ I)~ General Counsel Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES ITEM NO. DESCRIPTON PRICE 1 Archaeological Monitoring $23,525 2 Native American Monitoring $15,844 TOTAL* $39,369 PSA23-1949UTIL DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com August 4, 2022 Dave Padilla, PE, QSD District Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008-8802 Subject: Proposal to Provide Cultural Resources Monitoring Services for Carlsbad Municipal Water District Downtown and Terramar Water Main Replacement Project Dear Mr. Padilla: HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal (proposal) to Carlsbad Municipal Water District (CMWD; Client) to provide cultural resources monitoring services for the CIP 3904C Downtown and Terramar Water Main Replacement Project (project). The project will replace approximately 4,423 linear feet of aging, small diameter, asbestos concrete and ductile iron pipe with new 8-inch PVC pipe and the associated appurtenances (valves, hydrants, service connections, etc.). Due to the cultural sensitivity of the project vicinity, new pipeline trenches will be monitored by a qualified archaeologist and a Native American monitor. Cultural resources monitoring will be conducted at the following pipeline segments: Juniper Avenue (533 feet between Carlsbad Boulevard and Garfield Street); Hemlock Avenue (527 feet between Carlsbad Boulevard and Garfield Street); Garfield Street (904 feet between Chinquapin Street past Olive Avenue); Tierra del Oro Street (816 feet); and Shore Drive (1,202 feet). The State Street Alley (441 feet between Carlsbad Village Boulevard and Grand Avenue) segment will not require cultural resources monitoring due to the new pipe being replaced within the current existing alignment. SCOPE OF SERVICES Task 1: Archaeological Monitoring HELIX will provide archaeological monitoring for the project. The proposed scope of work is as follows: attend a pre-construction meeting to explain the requirements of the monitoring program; provide an archaeological monitor for all trenching activities in soils with a potential for containing cultural material (i.e., not modern fill or formational material); project scheduling, subconsultant coordination, and other general project coordination tasks; and prepare a report documenting the methods and results of the monitoring program for submittal to the CMWD. For budgeting purposes, 40 days of monitoring is assumed, based on an assumption of approximately 100 feet of pipeline trenched per day. A 6-hour day PSA23-1949UTIL Exhibit "B" DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF Letter to Mr. Dave Padilla August 4, 2022 is assumed for the archaeological monitor, which assumes ground disturbances to be occurring for approximately 4 to 5 hours each day and one additional hour to account for travel time and daily notes. In the event that previously unidentified archaeological or tribal cultural resources are discovered, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored trenching can proceed. Task 2: Native American Monitoring The City of Carlsbad (City) or CMWD will enter into a Pre-Excavation Agreement or Cultural Resource Treatment and Monitoring Agreement with the appropriate Native American Tribe prior to the commencement of earth disturbing activities and consistent with the 2017 Tribal, Cultural and Paleontological Guidelines. The Pre-Excavation Agreement will be negotiated and executed directly between the San Luis Rey Band of Mission Indians (San Luis Rey) and Client and is separate from this contract. There is no cost associated with the drafting of the Pre-Excavation Agreement. As a subcontractor to HELIX, Saving Sacred Sites (San Luis Rey) will provide Native American cultural monitoring. The scope of work for this task is: attend a pre-construction meeting to explain the requirements of the monitoring program and provide a Native American monitor for all trenching activities in soils with a potential for containing cultural material (i.e., not modern fill or formational material). For budgeting purposes, 40 days (at 5 hours per day) of monitoring is assumed for the Native American monitor. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $39,369, which is provided below in a breakdown by task. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit A, Schedule of Fees. Payment terms are net 30 days. Task Number Task Name Cost 1 Archaeological Monitoring $23,525 2 Native American Monitoring 15,844 TOTAL $39,369 ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations are a material component of this Scope of Services. •Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. •Proposal assumes 40 (6-hour) days of monitoring by a HELIX archaeologist and 40 (5-hour) days by a Native American monitor from Saving Sacred Sites. If HELIX finds that we can cut back on PSA23-1949UTIL Exhibit "B" DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF Letter to Mr. Dave Padilla August 4, 2022 the monitoring hours and still be confident of not harming cultural resources, we will do so. However, if additional monitoring is required, a contract augment will be needed. We will notify you immediately if monitoring is expected to take longer than anticipated under this scope. •If cultural material is encountered during monitoring, it will need to be documented and collected; additional excavation or other research may be required, which may result in additional costs. We will notify you immediately if cultural material is encountered. •If archaeological material is collected, it may need to be curated at the San Diego Archaeological Center at additional cost to Client, and Client will be notified of these costs immediately. CLOSING This quote is good for 60 days from the date of this letter. This Scope of Work will become a contract upon HELIX’s receipt of signed authorization from CMWD. We look forward to working with you on this project. If you have any questions concerning this scope of work, please call me at (619) 462-1515 or email me at joanned@helixepi.com. Sincerely, Joanne M. Dramko, AICP Environmental Planning Discipline Leader Enclosures: Exhibit A, Schedule of Fees PSA23-1949UTIL Exhibit "B" DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF SCHEDULE OF FEES CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. DIRECT COSTS Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. PROFESSIONAL RATES Current hourly rates for consulting services: Principal $230-265 Principal Acoustician $190-215 Principal Biologist $210-250 Principal Landscape Architect $160-190 Principal Planner $210-250 Principal Regulatory Specialist $210-250 Senior Regulatory Specialist $140-185 Regulatory Specialist $95-135 Principal Cultural Resources Specialist $170-190 Senior Project Manager I-III $160-210 Project Manager I-III $125-180 Assistant Project Manager $120-145 Environmental Planner I-III $100-125 Senior Fisheries Scientist $200-240 Senior Noise/Air Quality Specialist $185-205 Noise/Air Quality Specialist $115-145 Environmental Compliance Specialist $75-125 Archaeology Field Director $120 Senior Archaeologist $120-170 Staff Archaeologist $80-120 Senior Architectural Historian $150-175 Architectural Historian $100-145 Senior Landscape Architect $135-160 Landscape Architect $110-140 Landscape Planner I-III $105-115 Senior Scientist $150-175 Biologist I-V $95-145 Senior GIS Specialist $140-175 GIS Specialist I-III $80-125 Graphics $115 Technical Editor $110-120 Operations Manager $95-140 Word Processor I-III $85-90 Clerical $65-75 Rates are subject to change on a yearly basis PSA23-1949UTIL Exhibit "B" DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF 04/11/2022 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Kim Acevedo (619) 297-3160 (619) 297-3111 kacevedo@cmrris.com HELIX Environmental Planning, Inc. 7578 El Cajon Blvd. Ste 200 La Mesa CA 91942 CompWest Insurance Company 12177 CL2233022621 A CWWCP100039189 04/01/2022 04/01/2023 1,000,000 1,000,000 1,000,000 RE: Operations of the named insured Waiver of Subrogation is provided per the terms and conditions of form WC990313C. 30 days notice of cancellation provided per the terms and conditions of form WC040601B. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF ACORD® I ~ I I □ - - ~ □ □ - -- -- -- -H I I XI I I □ I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) 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 04/01/2022 Policy No. CW WCP 100039189 Endorsement No. Insured HELIX ENVIRONMENTAL PLANNING, INC.Premium:$0 Insurance Company COMPWEST INSURANCECOMPANY Countersigned by __________________________________________ WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500. Schedule Person or Organization Description Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 B (Ed. 01-22) 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 04/01/2022 Policy No.CW WCP 100039189 01 Endorsement No. Insured HELIX ENVIRONMENTAL PLANNING, INC.Premium:$0 Insurance Company COMPWEST INSURANCECOMPANY Countersigned by __________________________________________ WC 04 06 01 B (Ed. 01-22) CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation: 1.You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2.We may cancel this policy for one or more of the following reasons: a.Non-payment of premium; b.Failure to report payroll; c.Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d.Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e.Material misrepresentation made by you or your agent; f.Failure to cooperate with us in the investigation of a claim; g.Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives; h.The occurrence of a material change in the ownership of your business; i.The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; j.The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; k.The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3 If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (k), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4 If we mail the notice to you, the stated periods of notice and your right to remedy the condition will be extended by 5 days if the place of mailing and your mailing address is within California, 10 days if the place of mailing or your mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States. 5.The policy period will end on the day and hour stated in the cancelation notice. DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF HELIENV-01 CERT2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 3/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 22AA1~cT Stephanie Zuniga Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance rtgN~o, Ext): (858) 888-7819 I FAX Services (A/C, No):(8 58) 888-7820 10717 Sorrento Valley Rd, Ste 200 tiMlJ~ss, szuniga@wateridge.com S an Diego, CA 92121 INSURERfSl AFFORDING COVERAGE NAIC# INSURER A: Everest lndemnitv Insurance Co 10851 INSURED INSURER B: Everest Denali Ins. Co. 16044 Helix Environmental Planning, Inc. INSURERC : 7578 E l Cajon Blvd., 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 INDI CATED. 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 POLICY EFF POLICY EXP LIMITS LTR INSD WVD fMM/00/YYYYl fMM/00/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -□ CLAIMS-MADE [Kl OCCUR ~~~b~iJ9E~~~J~;>encel 50,000 X EF4ML06406-221 4/1/2022 4/1/2023 $ X Contractor Pollution MED EXP fAnv one oersonl $ 10,000 X Deductible $5,000 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =i POLICY [R] ~rg: □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'Ea accident) $ 1,000,000 -X ANY AUTO EF4CA 00376-221 4/1/2022 4/1/2023 BODILY INJURY {Per personl $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY {Per accident) $ -- X HIRED X NON-OWNED iP~?~i~d\.~t?AMAGE $ x AUTOS ONLY x AUTOS ONLY Coll $100 Coll $1,000 $ A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 9,000,000 -EF4CU01451-221 4/1/2022 4/1/2023 9,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTIO N$ 0 $ WORKERS COMPENSATION I PER I 10m. AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ 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 Professional Liab EF4ML06406-221 4/1/2022 4/1/2023 Any One Wrongful Act 1,000,000 A Ded: $10k Per Claim EF4ML06406-221 4/1/2022 4/1/2023 Aggregate: 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, m~ be attached if more space is requiredb Excess Liability policy follows the General Liability, Contractors Pollution Liability, rofessional Liability, Auto Lia ility & Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. Professional Liability Retroactive Date 10/01/1991 RE: Carlsbad Municipal Water District Master Agreement -St udies Services PSA-22-1624 Carlsbad Municipal Water District is named Additional Insured with respects to General Liability per attached. Coverage is Primary and Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad Municipal Water District THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CMWD 1635 Faraday Avenue Carlsbad 90008 AUTHORIZED REPRESENTATIVE (!5Ja~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The A CORD name and logo are registered marks of A CORD DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF POLICY NUMBER: EF4ML06406-221 EVEREST CONTRACTORS ENVIRONMENT AL PLUS ECG 20 640 02 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION -ONGOING OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Solely with respect to coverage provided under Coverages A, B, and C, Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance And Ded uctible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ECG 20 640 02 19 All other terms and conditions of this Policy remain unchanged. Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc, used with its permission. Page 1 of 1 DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF POLICY NUMBER: EF4ML06406-221 EVEREST CONTRACTORS ENVIRONMENT AL PLUS ECG 24 743 05 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Or!:!anization(s): Operations Any owner, lessee or contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or a "pollution incident" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Liability and Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ECG 24 743 05 19 All other terms and conditions of this Policy remain unchanged. Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Pag e 1 of 1 DocuSign Envelope ID: 27F78D4A-B648-4001-9077-7C32B7FC7ECF POLICY NUMBER: EF4ML06406-221 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 698 09 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE FORM SCHEDULE Designated Person or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and we will not seek contribution from any other insurance available to the person or organization designated in the Schedule above which you have agreed to insure under this Policy provided that: (1) Such person or organization is an insured under this Policy; and (2) An "insured contract" requires this insurance to be primary. ECG 24 698 09 18 All other terms and conditions of this Policy remain unchanged. Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1