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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2023-09-28; PSA24-2296TRANPSA24-2296TRAN Page 1 City Attorney Approved Version 6/30/2023 AGREEMENT FOR ENVIRONMENTAL CONSULTING FOR KELLY AND PARK DRIVE COMPLETE STREET IMPROVEMENTS SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City"), and Helix Environmental Planning, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in environmental services. B. Contractor has the necessary experience in providing professional services and advice related to environmental services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City 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, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed fourty-four thousand six hundred ninety dollars ($44,690). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fourty-five thousand dollars ($45,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 September 28th PSA24-2296TRAN Page 2 City Attorney Approved Version 6/30/2023 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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 City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 3 City Attorney Approved Version 6/30/2023 Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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 City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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 City). $2,000,000 combined single-limit per accident for bodily injury and property damage. DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 4 City Attorney Approved Version 6/30/2023 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 City'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. 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 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 City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 5 City Attorney Approved Version 6/30/2023 by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brandon Miles Name Joanne M. Dramko Title Associate Engineer Title Project Manager Department Public Works Address 7578 El Cajon Blvd. City of Carlsbad La Mesa, CA 91942 Address 1635 Faraday Ave Phone No. 619-462-1515 Carlsbad, CA 92008 Email joanned@helixpi.com Phone No. 442-339-2745 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 as required in the City of Carlsbad Conflict of Interest Code. 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 whose services are 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. DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 6 City Attorney Approved Version 6/30/2023 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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 thirty (30) 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. 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, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 7 City Attorney Approved Version 6/30/2023 Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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. 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. [signatures on following page] DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 8 City Attorney Approved Version 6/30/2023 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HELIX ENVIRONMENTAL PLANNING, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Joanne Dramko, Environmental Planning Discipline Leader (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 PSA24-2296TRAN Page 9 City Attorney Approved Version 6/30/2023 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com August 28, 2023 Brandon Miles, PE TE Associate Engineer City of Carlsbad, Public Works - Transportation 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal to Provide Additional Consulting Services for the Kelly Drive & Park Drive Complete Streets Improvements Project Dear Mr. Miles: HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal to the City of Carlsbad Public Works – Transportation Department (City; Client) to provide consulting services for the Kelly Drive & Park Drive Complete Streets Improvements (project). HELIX understands that the project is restarting after being put on temporary hold in 2020. The following scope of services will revise the technical reports previously prepared for the project based on the updated design, assuming the overall project footprint would not change from what was previously proposed. SCOPE OF SERVICES This Scope of Services assumes that a single site plan and project description will be used for updating the technical reports and Initial Study/Mitigated Negative Declaration (IS/MND) as described below. Further revisions to the site plan which necessitate updating the reports would require a contract amendment. Task 1 – Biological Resources Technical Report HELIX will update the Biological Technical Report (dated August 2020) to incorporate the latest project description and design provided to HELIX by the City. Additionally, given the general biological survey and vegetation mapping across the project site was conducted by HELIX over 5 years ago in 2017, HELIX will conduct a single site visit survey of the project to evaluate current conditions and verify whether the existing conditions are consistent with the previous mapping. If areas of the site are found substantially inconsistent, HELIX will re-map such areas to reflect the current conditions. Any updated mapping will be incorporated into applicable figures of the updated Biological Technical Report. Using the current project design and existing conditions mapping, HELIX will update all pertinent sections of the Biological Technical Report, including mitigation measures if needed. HELIX will provide a digital copy of the DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning Proposal to Mr. Brandon Miles Page 2 of 4 August 28, 2023 updated Biological Technical Report to the City for review and will address one round of collated minor comments by City staff. A HELIX biologist will attend online meetings with the City staff to discuss the project or Biological Technical Report, which is included within Task 5 below. Focused surveys for sensitive plants and animal species, a formal jurisdictional delineation, or other meetings beyond that mentioned above are not anticipated at this time; thus, are not included in this task. Task 2 – Cultural Resources Technical Report HELIX will update the Cultural Resources Technical Report (dated July 2018) to incorporate the latest project description and design provided to HELIX by the City. Additionally, given the cultural resources records search and survey was conducted by HELIX over 5 years ago in 2017, HELIX will obtain a records search update from the South Coastal Information Center and conduct a single site visit survey of the project to evaluate current conditions and verify whether the existing conditions are consistent with the previously reported upon results. HELIX will include a Native American monitor during the fieldwork (the Native American monitor would be subcontracted to HELIX). If the site visit results in the identification of additional archaeological resources, they must be recorded, and potentially tested to assess significance; the scope and cost of such documentation, testing, and additional reporting would depend on the extent and nature of resources identified and would require a contract modification. Using the current project design, HELIX will update all pertinent sections of the Cultural Resources Technical Report, including mitigation recommendations if needed. HELIX will provide a digital copy of the updated Cultural Resources Technical Report to the City for review and will address one round of collated minor comments. It is assumed that the City would not require assistance with Tribal coordination associated with Assembly Bill 52. Task 3 – Draft Mitigated Negative Declaration (MND) HELIX will review and update (as applicable) the IS that was prepared in 2020 to support the MND, including any updates from the technical studies prepared as part of Tasks 1 and 2 above. This scope assumes that construction assumptions considered in the analysis would not change from previous assumptions. Air quality and greenhouse gas modeling would be updated to reflect the current version of CalEEMod. It is assumed that construction noise modeling updates would not be required. Within the land use section of the IS, the general plan and coastal plan policy consistency discussion will be reviewed and updated as appropriate. HELIX will prepare an electronic copy of the Screencheck Public Review Draft MND/IS for City review. Upon incorporation of appropriate revisions, an electronic copy of the Public Review Draft MND/IS will be produced. HELIX will prepare a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration for review and approval by the City. HELIX will prepare a Notice of Completion and Environmental Document Transmittal Form for the State Clearinghouse. It is assumed that the City will upload the submittal package to the State Clearinghouse CEQAnet website, publish a public notice in a local newspaper, and notify surrounding property owners of the availability of the Draft MND. DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning Proposal to Mr. Brandon Miles Page 3 of 4 August 28, 2023 Task 4 – Final Mitigated Negative Declaration In consultation with the City, HELIX will respond to comments received on the content of the Draft MND/IS during public review of the document. For the purposes of this cost estimate, responses are assumed to require a maximum of 24 hours of professional staff time. HELIX will prepare a Mitigation Monitoring and Reporting Program (MMRP) concurrent with the preparation of the Final MND. The responses and revisions to the Draft MND (as needed) will be incorporated into the final document. One set of revisions will be completed prior to finalizing the deliverables. HELIX will produce an electronic copy for submittal to the City. If paper copies are requested, HELIX will be reimbursed by the City for the cost of their reproduction. HELIX will prepare the Notice of Determination (NOD) for review and approval by the City. The City will be responsible for filing the NOD at the County Clerk and uploading to CEQAnet within five days after adoption of the Final MND and paying the associated filing fees. Task 5 – Meetings This scope anticipates attendance by the HELIX Project Manager, Principal Planner, and Senior Biologist at two future online team meetings. Meetings are assumed to require 1.5 hours of time each. No presentations or presentation materials will be required of HELIX for these meetings. If additional meeting attendance is requested, a contract augment will be required. Task 6 – Management Management responsibilities will include communication with the project team and the City; coordination of HELIX technical staff; invoicing; tracking budgets; and reviewing schedule progress. For cost-estimating purposes, it is assumed that the Final MND will be adopted within six months after notice to proceed, and that project management will average four hours per month or 36 total hours of the HELIX Project Manager’s time during CEQA review tasks and 8 hours of Principal Planner time. It is assumed that, once initiated, HELIX’s work will not be put on hold by others. Stopping and starting work could result in inefficiencies and extra costs. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES  HELIX will be provided with current available digital baseline data and project plans for producing all maps and graphics.  Costs associated with focused rare plants or sensitive animal surveys, formal jurisdictional delineation, permit preparation or processing, mitigation planning (i.e., HMMP), additional meetings not specifically described above, and/or other technical studies and reports (“additional work”) are not included within the scope of services required of HELIX under this Scope of Services.  Once preparation of the technical reports and Draft MND/IS has begun, no changes to the project design or other technical studies provided to HELIX will occur such that substantive revisions to the Draft MND/IS, re-modeling of any analysis, or additional field visits will be required. DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning Proposal to Mr. Brandon Miles Page 4 of 4 August 28, 2023  Technical reports other than those identified in the above HELIX scope of services, if required by the City to complete the Draft MND/IS, will be provided by others to HELIX. Technical studies provided to HELIX will include analysis at a sufficient level of detail to support the Draft MND/IS impact analysis and compliance with City guidelines.  The City is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements.  HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. Information presented from third-party sources (e.g., California Emissions Estimator Model outputs) and documents prepared using the strike-out underline feature, a standard for annotation of final CEQA documents, may not achieve the full level of accessibility. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $44,690, the breakdown of which is provided below. All work shall be invoiced on a time and materials basis pursuant to Exhibit A, Schedule of Fees. Task Number Task Name Cost 1 Biological Resources Technical Report $9,700 2 Cultural Resources Technical Report 4,590 3 Draft MND 10,950 4 Final MND 7,530 5 Meetings 3,080 6 Management 8,840 TOTAL $44,690 CLOSING This quote is good for 30 days from the date of this letter. We look forward to continuing our work with you on this project. If you have any questions concerning this proposal, please call me at (619) 462-1515. Sincerely, Joanne M. Dramko, AICP Environmental Planning Group Manager Enclosures: Exhibit A, Schedule of Fees DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning 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 $230-300 Principal Acoustician $215-225 Principal Biologist $225-290 Principal Landscape Architect $190-210 Principal Planner $220-290 Principal Regulatory Specialist $225-290 Principal Cultural Resources Specialist $190-210 Safety Manager $210-220 Senior Fisheries Scientist $250-255 Senior Noise/Air Quality Specialist $200-220 Senior Project Manager I-III $165-230 Senior Scientist $155-195 Senior Regulatory Specialist $160-$170 Project Manager I-III $135-175 Assistant Project Manager $120-145 Regulatory Specialist $105-150 Environmental Planner I-III $105-135 Biologist I-V $100-155 Noise/Air Quality Specialist $130-145 Environmental Compliance Specialist $85-125 Senior Archaeologist $125-170 Senior Architectural Historian $165-175 Archaeology Field Director $125-$135 Architectural Historian $120-155 Staff Archaeologist $80-125 Senior Landscape Architect $145-160 Landscape Architect $120-140 Landscape Planner I-III $110-120 Senior GIS Specialist $150-185 GIS Specialist I-III $110-140 Graphics $115-$125 Technical Editor $110-125 Operations Manager $100-140 Word Processor I-III $90-100 Clerical $65-75 Rates are subject to change on a yearly basis EXHIBIT ASCHEDULE OF FEES CONSULTING SERVICES DocuSign Envelope ID: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 HELIX Environmental Planning 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 ~ 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7 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: 0DEC1A1D-ADD5-4F46-9066-83BD7E5DB2C7