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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2024-01-24;Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR UPDATING TRIBAL, CULTURAL, AND PALEONTOLOGICAL RESOURCE GUIDELINES SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the day of , 2024, 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 who is experienced in updating the Tribal, Cultural, and Paleontological Resource Guidelines. B.Contractor has the necessary experience in providing professional services and advice related to updating the Tribal, Cultural, and Paleontological Resource Guidelines. C.Contractor has submitted a proposal to the 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year 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 ninety-four thousand one hundred eight dollars ($94,108.00), which includes a contactor fee of sixty-nine thousand one hundred eight dollars ( $69,108) for services specified in Exhibit “A” and a contingency fee of twenty-five thousand dollars ($25,000). No other compensation for the Services will be allowed. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD January 24th Page 2 City Attorney Approved Version 12/22/2023 The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD Page 3 City Attorney Approved Version 12/22/2023 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 12/22/2023 Page 4 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 12/22/2023 Page 5 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Eric Lardy Name Mary Robbins-Wade Title City Planner Title Project Manager Dept Community Development Address 7578 El Cajon Boulevard CITY OF CARLSBAD La Mesa, CA 91942 Address 1635 Faraday Ave Phone (619)462-1515 Carlsbad, CA 92008 Email MaryRW@helixepi.com Phone (442)339-25712 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict-of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 12/22/2023 Page 6 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or 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 DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 12/22/2023 Page 7 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 my be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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. This Agreement may be executed in counterparts. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 12/22/2023 Page 8 27.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this day of , 2024. HELIX ENVIRONMENTAL PLANNING, INC., CITY OF CARLSBAD, a municipal corporation of the State of California a California corporation By: By: (sign here) Michael Schwerin – Chief Executive Officer GEOFF PATNOE Assistant City Manager (print name/title) ATTEST: SHERRY FREISINGER, City Clerk (sign here) By: Kristin Olszak – Chief Financial Officer Tamara R. McMinn Senior Deputy City Clerk (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 / Assistant City Attorney 17th January DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD ~ ~ __ fu________.__._ff___;__p ~_t-_ City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES The tasks for this project are outlined below: 1.Tribal, Cultural, and Paleontological Resource Guidelines a.Become familiar with the city’s existing Tribal, Cultural, and Paleontological Resource Guidelines; General Plan; Local Coastal Program; City Council Policy #83; Carlsbad Municipal Code Title 19, Environmental Protection Procedures; and any other relevant city policy documents and regulations. b.Identify the additional information and procedures that need to be included in the Guidelines in order to bring them up to current industry standards and to comply with current federal and state laws, including Tribal Cultural Resource consultation requirements as well as testing and data recovery procedures, etc. c.Amend the Guidelines to update existing procedures and address the items identified in 1.b. above. d.Confirm that the draft amended document is consistent with the city’s updated General Plan, Local Coastal Program and Municipal Code as well as applicable federal and state laws and industry standards, etc. e.Incorporate, as appropriate, other information such as maps, GIS layers, graphics, figures, charts, tables, and descriptions. f.Provide consultant project management and oversight, including quality control functions. g.Communicate and coordinate on a regular basis with the city’s project manager throughout the project, primarily by email and telephone. 2.Community/stakeholder input: Undertake any needed coordination with traditionally and culturally affiliated Native American tribes. 3.Meetings: the consultant will be expected to attend the following meetings, and payment will only be for meetings that the consultant actually attends: a.Initial kick-off meeting with city staff. b.Two progress meetings with city staff. c.Two public meetings/hearings as a subject matter expert to the Planning Commission and City Council. d.Include one additional 2-hour meeting as an option on a time and materials basis in the event it is needed or for a training session with city staff after completion of the Guidelines. 4.Meeting summaries: include summaries of meetings (excluding recorded public meetings and hearings) with the progress reports submitted with each invoice. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD City Attorney Approved Version 4/24/2023 9 5.Deliverables: the following documents will be required:a.Bullet point summary of items to be addressed as a result of Tasks 1.b and 1.c above.b.Screencheck Draft of the updated Tribal, Cultural, and Paleontological Resource Guidelines for city staff review and comment. c.Revised Drafts of the updated Tribal, Cultural, and Paleontological Resource Guidelines responding to Screencheck comments for up to two rounds of city staff review and comment. d.Final Draft of the updated Tribal, Cultural, and Paleontological Resource Guidelines for public review. e.Final Tribal, Cultural, and Paleontological Resource Guidelines incorporating any changes required with adoption of the document. f.For required document types above, submit two stapled (item a) or bound (items b-e) hard copies and an electronic version (Word). Subsequent revised electronic versions (items c and e) shall be in track changes version to denote text deletions and insertions. It is anticipated that the requested services will be exempt from CEQA pursuant to CEQA Guidelines Section 15308 because they involve procedures for the protection of the environment. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD RFP 24-07 Tribal, Cultural, and Paleontological Resources Guidelines Update Consultant Services HELIX Environmental Planning, Inc. City of Carlsbad Cost Breakdown per Hours and Tasks 11/17/2023 HELIX LABOR Task 1 Task 2 Task 3 Task 4 Task 5 TOTAL Tribal, Cultural, and Paleontological Resources Guidelines Community/ Stakeholder Input Meetings Meeting Summaries Project Deliverables Project Management and Administration Personnel Rate Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Principal Cultural Resources Specialist $215 36 $7,740 24 $5,160 20 $4,300 4 $860 28 $6,020 8 $1,720 120 $25,800 Sr. Architectural Historian $170 20 $3,400 4 $680 20 $3,400 2 $340 8 $1,360 2 $340 56 $9,520 Cultural Resources Project Manager II $160 -$0 12 $1,920 -$0 -$0 -$0 4 $640 16 $2,560 Sr. Archaeologist $135 32 $4,320 12 $1,620 -$0 4 $540 -$0 -$0 48 $6,480 Technical Editor $115 -$0 -$0 -$0 -$0 10 $1,150 -$0 10 $1,150 Graphics Coordinator $115 6 $690 -$0 -$0 -$0 2 $230 -$0 8 $920 Sr. GIS Specialist $160 16 $2,560 -$0 -$0 -$0 4 $640 -$0 20 $3,200 Word Processor $95 -$0 4 $380 -$0 -$0 18 $1,710 -$0 22 $2,090 Subtotal HELIX Labor 110 $18,710 56 $9,760 40 $7,700 10 $1,740 70 $11,110 14 $2,700 300 $51,720 SUBCONSULTANTS Task 1 Task 2 Task 3 Task 4 Task 5 PM TOTAL SDNHM -$6,950 -$0 -$2,600 -$1,300 -$2,140 -$2,000 -$14,990 Subtotal Subconsultant Cost Administrative Total Subconsultant Cost $6,950 $0 $2,600 $1,300 $2,140 $2,000 $14,990 $695 $0 $260 $130 $214 $200 $1,499 $7,645 $0 $2,860 $1,430 $2,354 $2,200 $16,489 EXPENSES Task 1 Task 2 Task 3 Task 4 Task 5 TOTAL Document Reproduction $0 $100 $0 $0 $400 $0 $0 $0 $0 $0 $0 $500 Communications (postage/couriers/hosted conference calls) $0 $75 $0 $0 $0 $75 Mileage $0.655 $0 148 $97 222 $145 $0 $0 $242 Subtotal Expenses $0 $272 $145 $0 $400 $817 Administrative Contingency $0 $27 $15 $0 $40 $82 $25,000 Total Expenses $0 $299 $160 $0 $440 $899 TOTAL $26,355 $10,059 $10,720 $3,170 $13,904 $4,900 $94,108 DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. 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 $290-310Principal Planner $240-300 Principal Regulatory Specialist $240-300 Principal Biologist $235-300 Principal Acoustician $215-225 Principal Landscape Architect $190-210 Principal Cultural Resources Specialist $200-220 Safety Manager $215-225 Senior Noise/Air Quality Specialist $195-230 Senior Project Manager I-III $165-230 Senior Env Planner $150-170 Senior Scientist $160-210 Senior Regulatory Specialist $160-170 Project Manager I-III $135-185 Assistant Project Manager $100-145 Regulatory Specialist $110-160 Environmental Compliance Specialist $190-210 Environmental Planner I-III $105-135 Biologist I-V $100-170 Noise/Air Quality Specialist $135-155 Environmental Compliance Specialist $85-125 Senior Archaeologist $125-170 Senior Architectural Historian $165-175 Senior Archaeology Field Director $135-145 Archaeology Field Director $125-135 Asst. Archaeology Field Director $95-115 Architectural Historian $120-155 Staff Archaeologist $90-135 Principal Landscape Architect $160-230 Project Landscape Architect $130-160 Landscape Planner I-III $110-120 Landscape Designer $105-110 Senior GIS Specialist $160-190 GIS Specialist I-III $115-150 Graphics $115-125 Technical Editor $110-125 Operations Manager $100-140 Word Processor I-III $90-100 Clerical $75-85 Rates are subject to change on a yearly basis. DocuSign Envelope ID: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD 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 1/4/2024 (858) 452-0465 (858) 452-0465 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: Tribal, Cultural, and Paleontological Resource Guidelines Update Consultant Services – RFP 24-07 City of Carlsbad is included as additional insured with respects to General Liability. City of Carlsbad Community Development Attn: Amber Dan 1635 Faraday Ave. Carlsbad, CA 92008 HELIENV-01 MANSH1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Alex Trujillo alex.trujillo@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: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ 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: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD 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: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD 01/02/2024 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 N CWWCP100039189 04/01/2023 04/01/2024 1,000,000 1,000,000 1,000,000 RE: Tribal, Cultural, and Paleontological Resource Guidelines Update Consultant Services – RFP 24-07 City of Carlsbad Community Development 1635 Faraday Ave Carlsbad CA 92008 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: 861C0FCB-16D8-4980-ABAA-9252EC3CFECD ACORD® I ~ I I □ - - ~ □ □ - - - - - - - -H I I XI I I □ I