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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2023-06-07; PSA23-2207UTILPSA23-2207UTIL General Counsel Approved Version 4/24/2023 1 AGREEMENT FOR BIOLOGICAL MONITORING SERVICES FOR PRESSURE REDUCING STATIONS PROJECT HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, 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, California, ("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 consulting. B. Contractor has the necessary experience in providing professional services and advice related to environmental consulting. 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 two hundred eighty (280) working days from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) 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 shall not exceed twenty-three thousand two hundred dollars ($23,200). 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 twenty-three thousand two hundred dollars ($23,200) per Agreement year. CMWD reserves the right to withhold a ten DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 June 7th PSA23-2207UTIL General Counsel Approved Version 4/24/2023 2 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." 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. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 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 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. 12.1 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. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 4 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 12.4 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. 12.5 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. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of 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. 15. 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. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 5 16. 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. 17. 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 Neil Irani Name Joanne Dramko Title Utilities Associate 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 442-339-2305 E-mail joanned@helixepi.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☒ No ☐ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 JoanneD@helixepi.comJoanne Dramko 619-462-1515 ex 238 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 6 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or 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 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. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering sixty (60) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, 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. 24. 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 DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 7 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. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon 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. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. [signatures on following page] DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 PSA23-2207UTIL General Counsel Approved Version 4/24/2023 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 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 Discipline Leader (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: _____________________________ Deputy General Counsel DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 ~ I)~ PSA23-2207UTIL General Counsel Approved Version 4/24/2023 9 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com May 19, 2023 Neil Irani, PE, QSD Associate Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008-8802 Subject: Proposal to Provide Environmental Consulting Services for the Carlsbad Municipal Water District CIP 5020 Pressure Reducing Stations Project Dear Mr. Irani: HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal (proposal) to Carlsbad Municipal Water District (CMWD; Client) to provide environmental consulting services for the CIP 5020 Pressure Reducing Station (PRS) Project (project). The project consists of two sites: Palomar East PRS Abandonment and New Corintia PRS and Connection. The Palomar East PRS Abandonment site would install approximately 150 feet of new 16-inch PVC water main pipe in the westbound lane of Palomar Airport Road to bypass the existing PRS, which is aging and would be abandoned. The New Corintia PRS and Connection site proposes to construct a new Corintia PRS that would provide operational redundancy to the Alga #1 PRS. A new PRS station would be located along the El Fuerte Street northbound lane northeast of the El Fuerte Street and Corintia Street intersection. The work would also include the construction of approximately 1,900 feet of 12-inch water main in El Fuerte Street between Corintia Street and Luciernaga Street to connect to the La Costa Hi reservoir. Facility improvements would be conducted pursuant to the Project Design Features (PDFs) listed in the Biological Resources Study for the Carlsbad Municipal Water District Pressure Reducing Station Development and Rehabilitation Project (HELIX 2022). SCOPE OF SERVICES Task 1 Preconstruction Coastal California Gnatcatcher Survey – Palomar East PRS Abandonment In accordance with PDF-1, HELIX will complete a single preconstruction coastal California gnatcatcher (CAGN) survey to determine if there are any active nests within 500 feet of the area of clearing, grubbing, tree removal or pruning if work is scheduled to begin during CAGN breeding season (March 1 – August 15) at the Palomar East PRS Abandonment site. This task assumes that work begins outside of the prime nesting season, which is from March 15 to May 30, and a general nesting bird survey will not be required. If an additional CAGN survey is required that causes HELIX to exceed its authorized budget, then a contract augment would be required. EXHIBIT "A" DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 HELIX Environmental Planning Letter to Mr. Neil Irani Page 2 of 4 May 19, 2023 Upon completion of the fieldwork, HELIX will prepare a brief letter report to document the results. An electronic copy of the draft report will be submitted to CMWD for review prior to submittal to the City Planner for review and approval. An electronic copy of the final report will be provided to CMWD for their records. Task 2: Noise Monitoring – Palomar East PRS Abandonment In accordance with PDF-2, if HELIX determines during the Palomar East PRS Abandonment site preconstruction CAGN survey that the CIP project could result in construction related noise impacts to breeding CAGN during the general breeding season (January 15 through September 15), then HELIX will provide construction noise monitoring to verify that construction noise levels do not exceed 60 dB(A) LEQ hourly average. HELIX will measure ambient noise levels near nest locations prior to construction and will perform full-time monitoring and daily measurements near nest locations during construction. A brief noise control planning letter will be prepared to provide anticipated noise control requirements for the site construction. The results of the noise measurements and monitoring will be transmitted to CMWD via e-mail, either daily or weekly, as determined in consultation with CMWD. Noise will be measured for up to 4 hours when noise control is implemented, and major construction starts. Noise monitoring is planned for 5 weeks of construction. If project construction requires extended noise monitoring, if additional noise control planning is required due to excess noise impacts, or if construction requirements change from original planning information, an augment may be required. If noise during construction is found to exceed 60 dB(A) LEQ, implementation of additional avoidance measures will be required, including either delaying activities until after the species has completed nesting activities (September 15 unless demonstrated through surveys to be sooner) or implementing temporary noise attenuation (e.g., sound walls). If temporary noise attenuation is pursued, HELIX will advise CMWD on the location of temporary structures and the efficacy of the structures in attenuating noise at nest locations. A brief memorandum will be prepared and submitted to CMWD upon completion of the noise monitoring. If additional monitoring is required that causes HELIX to exceed its authorized budget, then a contract augment would be required. Task 3 Preconstruction Coastal California Gnatcatcher Survey – New Corintia PRS and Connection In accordance with project design feature (PDF)-1, HELIX will complete a single pre-construction coastal California gnatcatcher (CAGN) survey to determine if there are any active nests within 500 feet of the area of clearing, grubbing, tree removal or pruning if work is scheduled to begin during CAGN breeding season (March 1 – August 15) at the New Corintia PRS and Connection site. This task assumes that work begins outside of the prime nesting season, which is from March 15 to May 30, and a general nesting bird survey will not be required. If an additional CAGN survey is required that causes HELIX to exceed its authorized budget, then a contract augment would be required. Upon completion of the fieldwork, HELIX will prepare a brief letter report to document the results. An electronic copy of the draft report will be submitted to CMWD for review prior to submittal to the City Planner for review and approval. An electronic copy of the final report will be provided to CMWD for their records. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 HELIX Environmental Planning Letter to Mr. Neil Irani Page 3 of 4 May 19, 2023 Task 4: Noise Monitoring – New Corintia PRS and Connection In accordance with PDF-2, if HELIX determines during the New Corintia PRS and Connection site preconstruction CAGN survey that the CIP project could result in construction related noise impacts to breeding CAGN during the general breeding season (January 15 through September 15), then HELIX will provide construction noise monitoring to verify that construction noise levels do not exceed 60 dB(A) LEQ hourly average. HELIX will measure ambient noise levels near nest locations prior to construction and will perform full-time monitoring and daily measurements near nest locations during construction. A brief noise control planning letter will be prepared to provide anticipated noise control requirements for the site construction. The results of the noise measurements and monitoring will be transmitted to CMWD via e-mail, either daily or weekly, as determined in consultation with CMWD. Noise will be measured for up to 4 hours when noise control is implemented, and major construction starts. Noise monitoring is planned for 5 weeks of construction. If project construction requires extended noise monitoring, if additional noise control planning is required due to excess noise impacts, or if construction requirements change from original planning information, an augment may be required. If noise during construction is found to exceed 60 dB(A) LEQ, implementation of additional avoidance measures will be required, including either delaying activities until after the species has completed nesting activities (September 15 unless demonstrated through surveys to be sooner) or implementing temporary noise attenuation (e.g., sound walls). If temporary noise attenuation is pursued, HELIX will advise CMWD on the location of temporary structures and the efficacy of the structures in attenuating noise at nest locations. A brief memorandum will be prepared and submitted to CMWD upon completion of the noise monitoring. If additional monitoring is required that causes HELIX to exceed its authorized budget, then a contract augment would be required. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $23,200, which is provided below in a breakdown by task. All work shall be invoiced on a time-and-materials basis pursuant to the Master Agreement Rate Schedule in our 2021 Master Agreement (PSA22-1624CA) with the Carlsbad Municipal Water District (CMWD). Payment terms are net 30 days pursuant to the Terms and Conditions referenced in the Master Agreement between HELIX and CMWD. Task Number Task Name Cost 1 Preconstruction CAGN Survey – Palomar East PRS $3,200 2 Noise Monitoring – Palomar East PRS $8,400 3 Preconstruction CAGN Survey – New Corintia $3,200 4 Noise Monitoring – New Corintia $8,400 TOTAL $23,200 ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations are a material component of this Scope of Services. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 HELIX Environmental Planning Letter to Mr. Neil Irani Page 4 of 4 May 19, 2023 Costs associated with public meetings, additional surveys, and/or permit preparation and processing (“additional work”) are not included within the work required of HELIX under this Scope of Services. EXECUTION OF TASK ORDER We look forward to working with you on this project. If you have any questions concerning this proposal, please call me at (619) 462-1515 or email me at joanned@helixepi.com. Sincerely, Joanne M. Dramko, AICP Environmental Planning Discipline Leader DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 -------~ELIX nvironmenta/ Plann . mg ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/29/2023 (858) 200-3357 (858) 200-3358 10851 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 10120 A 1,000,000 X EF4ML06406-231 4/1/2023 4/1/2024 50,000 Contractor Pollution 10,000 Deductible $5,000 1,000,000 2,000,000 2,000,000 1,000,000B EF4CA00376-231 4/1/2023 4/1/2024 Comp $100 Coll $1,000 9,000,000A EF4CU01451-231 4/1/2023 4/1/2024 9,000,000 0 A Professional Liabili EF4ML06406-231 4/1/2023 Any One Wrongful Act 1,000,000 A Ded: $10k Per Claim EF4ML06406-231 4/1/2023 4/1/2024 Aggregate 2,000,000 Excess Liability policy follows form of the underlying General Liability, Contractors Pollution Liability, Professional Liability & Auto 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: Master for Environmental Planning Studies - PSA19-564CA SEE ATTACHED ACORD 101 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 HELIENV-01 FAUMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Stephanie Zuniga stephanie.zuniga@assuredpartners.com Everest Indemnity Insurance Co Everest National Insurance Co 4/1/2024 X X X X X X X X X X X X X DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services HELIENV-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 SEE PAGE 1 FAUMI1 1 Description of Operations/Locations/Vehicles: City of Carlsbad/CMWD is named additional insured with respects to General Liability per the attached endorsements. Insurance is Primary & Non- Contributory. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 ~ ACORD" ~ I POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 20 640 02 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 640 02 19 Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 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): 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 onlywith 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 oragreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance And Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay onbehalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. EF4ML06406-231 DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 Blanket where required by written contract. POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 743 05 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 743 05 19 Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any owner, lessee or contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or a “pollution incident” caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Liability and Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. EF4ML06406-231 Per written contract. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 698 09 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 698 09 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 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. All other terms and conditions of this Policy remain unchanged. EF4ML06406-231 DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 04/10/2023 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Elvira Sandoval (619) 297-3160 (619) 297-3111 esandoval@cmrris.com HELIX Environmental Planning, Inc. 7578 El Cajon blvd. La Mesa CA 91942 CompWest Insurance Company 12177 2023 WC A Y CWWCP100039189 04/01/2023 04/01/2024 1,000,000 1,000,000 1,000,000 RE: Insureds operations performed under written contract. Waiver of Subrogation is provided to City of Carlsbad per the terms and conditions of form WC990313C. 30 day notice of cancellation provided per the terms and conditions of form WC990652. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. 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: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 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 04/01/2023 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: D8D04E7C-5BA4-4290-8448-C56D0FA773E6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 52 (Ed. 01-11) 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 04/01/2023 Policy No.CW WCP 100039189 02 Endorsement No. Insured HELIX ENVIRONMENTAL PLANNING, INC.Premium:$0 Insurance Company COMPWEST INSURANCECOMPANY Countersigned by __________________________________________ WC 99 06 52 (Ed. 01-11) CANCELLATION OR NONRENEWAL BY US This endorsement amends the Workers' Compensation and Employers' Liability Insurance Policy to which it is attached. Paragraph 2 of Condition D. Cancellation is replaced by the following: 2.We may cancel or nonrenew this policy by mailing or delivering to you written notice of cancellation or nonrenewal at least: a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b.30 days before the effective date of nonrenewal or cancellation if we nonrenew or cancel for any other lawful reason. In no event will the notice set forth in (a) or (b) be shorter than the number of days required by state law. Mailing the notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: D8D04E7C-5BA4-4290-8448-C56D0FA773E6