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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2024-08-27; PSA25-3504UTILPSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR CARLSBAD BOULEVARD WATER IMPROVEMENTS AT TERRAMAR SERVICES HELIX ENVIRONMENTAL PLANNING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2024, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, ("CMWD"), and Helix Environmental Planning, Inc., a California corporation ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in environmental monitoring services. B. Contractor has the necessary experience in providing professional services and advice related to environmental monitoring services. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two hundred eighty days (280 days) from the date first above written. 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 forty-four thousand four hundred nineteen dollars ($44,419). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 August 27th PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 2 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 3 of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 4 sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 5 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Sean Diaz Name Mary Robbins-Wade Title Utilities Senior Engineer Title Project Manager Carlsbad Municipal Water District Address 7578 El Cajon Boulevard Address 5950 El Camino Real La Mesa, CA 91942 Carlsbad, CA 92008 Phone 619-462-1515 Phone 442-200-7222 E-mail maryrw@helixepi.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☐ No ☒ Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 6 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. 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. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 7 CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering sixty (60) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 8 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 28. 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. 29. 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: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 9 CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad HELIX ENVIRONMENTAL PLANNING, INC., a California corporation By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager Joanne Dramko, Environmental Planning Discipline Leader (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Deputy Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By: _____________________________ Assistant General Counsel Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 PSA25-3504UTIL City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Agreement is for Contractor to provide cultural resources monitoring services for the Carlsbad Boulevard water/sewer at Terramar project. Contractor to provide the outlined scope of work in Exhibit “A” for a total amount not to exceed $44,419. [Scope details on following pages] Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com Sean B. Diaz, PE, QSD Utilities Senior Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Sean.diaz@carlsbadca.gov | (442) 200-7222 Subject: Proposal to Provide Cultural Resources Monitoring Services for the Carlsbad Boulevard Water Sewer at Terramar Project Dear Mr. Diaz: HELIX Environmental Planning, Inc. (HELIX) is submitting this proposal (Proposal) to the Carlsbad Municipal Water District (CMWD) to provide cultural resources consulting services for the Carlsbad Boulevard Water Sewer at Terramar Project (Project) located in the City of Carlsbad, San Diego County, California. This project proposes to replace existing sewer mains with approximately 5,000 linear feet of new 12-inch pipe, including approximately 3,500 linear feet of sewer main requiring new trenching and approximately 1,500 linear feet of replace-in-place pipe, and to abandon two existing 6-inch and one existing 10-inch asbestos cement water mains. Additional improvements include sewer main and manhole replacements and the resurfacing of the existing roadway. All ground-disturbing activities are proposed to occur within the existing, paved streets. SCOPE OF SERVICES Task 1. Archaeological Monitoring HELIX will provide archaeological monitoring for the project. The proposed scope of work is as follows: attend a pre-construction meeting to explain the requirements of the monitoring program, provide an archaeological monitor for all trenching activities in soils with potential for cultural material (i.e., not modern fill or formational material), and complete a Cultural Resources Monitoring Report summarizing the methods and results of the monitoring program at the conclusion of ground-disturbing activities. For budgeting purposes, 44 full-time monitoring days are assumed for the 3,500 linear feet of new pipe trenching, and 19 half-days of monitoring are assumed for the 1,500 linear feet of replace-in-place sewer main pipe. For the purposes of this scope, full-time monitoring days include 6.5 hours to account for ground disturbance for up to 5.5 hours each day and 1 hour to account for travel time, daily notes, and monitoring coordination. Half days are up to 4 hours to include a monitoring spot-check, travel time, and daily notes. An additional 16 hours are assumed for the Cultural Resources Monitoring Report, including writing, quality control review, GIS graphics, and word processing. June 27, 2024 EXHIBIT "A"Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 HELIX Environmental Planning 2 Management and Coordination $5,295 TOTAL $44,419 ASSUMPTIONS AND ADDITIONAL LIMITATIONS The following assumptions and limitations are a material component of this Scope of Services. • Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • 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. • The Client will enter into a Pre-Excavation Agreement or Cultural Resources Treatment and Monitoring Agreement with an appropriate Native American Tribe prior to the commencement Letter to Sean B. Diaz Page 2 of 3 June 27, 2024 In the event that previously unidentified archaeological or tribal cultural resources are discovered, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert or temporarily halt ground-disturbing operations in the area of the discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored trenching can proceed. The treatment of archaeological finds will require a contract modification. Task 2. Management and Coordination Project management will consist of formal and informal communication with the Construction Management team and CMWD staff. Additional management responsibilities will include tracking budgets and reviewing schedule progress, support and coordination services, project scheduling, and other general project management tasks. The City will contract the Monitoring Tribe directly to enter into a Pre-Excavation Agreement or Cultural Resources Treatment and Monitoring Agreement. HELIX will provide assistance with Native American coordination, including communication with the Monitoring Tribe for scheduling and potential discovery purposes. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $44,419, which is provided below in a breakdown by task. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days. Task Number Task Name Cost 1 Archaeological Monitoring $39,124 Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 HELIX Environmental Planning Mary Robbins-Wade Cultural Resources Group Manager Enclosures: Exhibit B, Schedule of Fees Letter to Sean B. Diaz Page 3 of 3 June 27, 2024 of earth-disturbing activities and consistent with the 2017 Tribal, Cultural and Paleontological Guidelines. The Pre-Excavation Agreement will be negotiated and executed directly between the Consulting Tribe and the City and is separate from this contract. •Proposal assumes 44 (6.5-hour) days of monitoring and 19 (4-hour) spot-checks by a HELIX archaeologist and 44 (5-hour) monitoring days and 19 (4-hour) spot-checks by a Native American monitor from Saving Sacred Sites. If HELIX finds that we can cut back on the monitoring hours and still be confident of not harming cultural resources, we will do so. However, if additional monitoring is required, a contract augment will be needed. We will notify you immediately if monitoring is anticipated to take longer than anticipated under this scope. •If cultural material is encountered during monitoring, it will need to be documented and collected; additional excavation or other research may be required, which may result in additional costs. We will notify you immediately if cultural material is encountered. •If archaeological material is collected, it may need to be curated at the San Diego Archaeological Center at additional cost to the City; the City will be notified of these costs immediately. EXECUTION OF AGREEMENT This quote is good for 60 days from the date of this letter. This Scope of Work will become a contract upon HELIX’s receipt of signed authorization from CMWD. We look forward to continuing our work with you. If you have any questions concerning this Proposal, please call your project manager, Nikki Falvey, or me at (619) 462-1515. Sincerely, Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 -------HELIX Environmental Planning EXHIBIT B SCHEDULE OF FEES CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. DIRECT COSTS Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. PROFESSIONAL RATES Current hourly rates for consulting services: Principal $290-310 Principal 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 $200-225 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 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: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 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 COMPENSATIONAND 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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis 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 3/26/2024 (760) 966-2716 10851 Helix Environmental Planning, Inc.7578 El Cajon Blvd., Suite 200La Mesa, CA 91942 10120 A 1,000,000 X EF4CE00067-241 4/1/2024 4/1/2025 50,000 Contractor Pollution 10,000 Deductible $5,000 1,000,000 2,000,000 2,000,000 1,000,000B EF4CA00376-241 4/1/2024 4/1/2025 10,000,000A EF4XS00064-241 4/1/2024 4/1/2025 10,000,000 0 A Professional Liabili EF4CE00067-241 4/1/2024 Any One Wrongful Act 1,000,000 A Ded: $10k Per Claim EF4CE00067-241 4/1/2024 4/1/2025 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 InsuranceCompliance ServicesP.O. Box 4668 - ECM #35050New York, NY 10163-4668 HELIENV-01 FAUMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services9655 Granite Ridge Drive, Ste 450San Diego, CA 92123 Nick Marovich nick.marovich@assuredpartners.com Everest Indemnity Insurance Co Everest National Insurance Co 4/1/2025 X X X X X X X X X X X Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 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 200La 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: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 ~ ACORD" ~ I 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. EF4CE00067-241 Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 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. EF4CE00067-241 Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2 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. EF4CE00067-241 Per written contract. Docusign Envelope ID: 61FCC1B2-C314-49BE-B22D-3CBAE495BBC2