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Home My WebLink AboutHelix Environmental Planning Inc; 2015-11-02; UTIL1322UTIL1322 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR RECYCLED WATER PHASE III ENVIRONMENTAL CONSULTING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated November 2, 2015 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Helix Environmental Planning, a California corporation, (“Contractor") (collectively, the “Parties”). RECITALS A. On October 10, 2017, the Parties executed Amendment No. 1 to extend the Agreement for a period of one (1) year; and B. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year ending on October 9, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 1C363835-87A2-44B9-87A5-4E974FC6EA79 September 12th UTIL1322 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HELIX ENVIRONMENTAL PLANNING, INC., a California corporation By: By: (sign here) Terry Smith, Interim Utilities Director Michael Schwerin, President (print name/title) By: (sign here) Kristin Olszak, CFO (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, President, or Vice-President Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 1C363835-87A2-44B9-87A5-4E974FC6EA79 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD 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 BEFORE THE 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 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. 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 3/26/2018 License # 0E67768 (858) 754-0062 50232 (619) 574-6288 24856 Helix Environmental Planning, Inc.7578 El Cajon Blvd., Ste. 200 La Mesa, CA 91942 19046 A 1,000,000 X FEI-ECC-13581-05 04/01/2018 04/01/2019 50,000 Cont Liab/Sev of Int 10,000 Contractor Pollution 1,000,000 2,000,000 2,000,000 Deductible 5,000 1,000,000B 810-7K33549-TCT-18 04/01/2018 04/01/2019 Comp Ded.: $1,000 Coll Ded.: $1,000 5,000,000A FEI-EXS-13582-05 04/01/2018 04/01/2019 5,000,000 0 A Prof Liab/Clm Made FEI-ECC-13581-05 04/01/2018 Limit 1,000,000 A Ded.: $10K Per Claim FEI-ECC-13581-05 04/01/2018 04/01/2019 Aggregate 2,000,000 The Excess Liability policy follows form to the General Liability, Contractors Pollution Liability, Professional Liability, Auto Liability and Employers Liability. Re: All Operations City of Carlsbad is Additional Insured with respect to General Liability Liability per the attached endorsements as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 Carlsbad, CA 92008 HELIENV-02 LYNNA IOA Insurance Services4370 La Jolla Village DriveSuite 600San Diego, CA 92122 Betty Gomez Betty.Gomez@ioausa.com Admiral Insurance Company Travelers Casualty Insurance Company of America 04/01/2019 X X X X X X XX X X X Client#: 439408 HELIXENVIRI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE1312018YY 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 any rights to the certificate holder in lieu of such endorsement(s). CONTACTJocrOPRODUCER NAME: Joyc FlresMarsh & McLennan Agency LLC PHONE' (FAX 882033(A/C No Ext): 858-587-7546 AC, No):882033Marsh & McLennan Ins. Agency LLC E-MAIL JoeFoADDRESS: Jy.F res~marshmma.com P0 Box 85638 INSURER(S) AFFORDING COVERAGE NAIC # SanDieo, A 9186INSURER A : Travelers Property Casualty Co of Amer 25674 INSURED INSURER B:HELIX Environmental Planning, Inc. NUEC7578 El Cajon Boulevard, Suite 200 INSURER D:La Mesa, CA 91942 ISRRE INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR POFISRNEADDLISUBR POLICY EFF POLICY EXP LMTLTR _ TYPEO NUAC INSR WVD POLICY NUMBER tMMiDDYYY) (MM/DDIYYYY) LMT COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $m DAMAGE TO RENTED CLAIMS-MADE Lj1 OCCUR PREMISES (Ea occurrence) $ M ED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [_1 JECT L LOC PRODUCTS -COMPIOP AGG $ OTHER: $ CMBINED SINGLE LIMITAUTOMOBILE LIABILITY (EO, ccident) $ ANY AUTO SHDLDBODILY INJURY (Per person) $ OWNED SCEUE OIYIJUY(e cietAUTOS ONLY AUTOS BDL NUY(e ciet HIRED H NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per. acident) $___________ UMBRELLA LIAR CU EACH OCCURRENCE $ EXCESS LIAB CAM-DEAGGREGATE $ DED RETENTION $ _____ ____ $ A WORKERS COMPENSATION X UB3K1683401826G D4/01/2018 04101/2019 spM; I1 ERAND EMPLOYERS' LIABILITY Y/IN ANY PROPRIETORIPARTNEREXECUTIVE E.L. EACH ACCIDENT $1,000,000OFFICERIMEMBER EXCLUDED? FN]N/A (Mandatory In NH) E.L DISEASE -EA EMPLOYEE, $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below _________E.L. DISEASE -POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare space Is required) Waiver of Subrogation applies on worker's compensation per the attached. CERTIFICATE HOLDER CAN4CELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of CarlsbadCMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of I The ACORD name and logo are registered marks of ACORD #S334661 6IM3346170 WSJZH INSURED: HELIX Environmental Planning, Inc. POLICY #: UB3K1683401826G POLICY PERIOD: 04/01/2018 TO: 04/01/2019 AW WORKERS COMPENSATIONTRAVELERS 'EPLYR AND PLC ONE TOWJER SQUARE EPOESLAIIYPLC HARTFORD, CT 06183 ENDORSEMENT WC 990376 ( A)- 001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 02. 00 0 % of the California workers! compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. JThe Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No, Endorsement No. Insured Premium Insurance Company ST ASSIGN: Page 1 of 1 INSURED: HELIX Environmental Planning, Inc. POLICY #: UB3KI683401826G POLICY PERIOD: 04/01/2018 TO 04/01/2019 ASK WORKERS COMPENSATION ITRAV ELERS J MLYR AND PLC ONR TOWER SQUAREEPOER IBLIYPLC HARTFORD, CT D6183 ENDORSEMENT WC 99 06 11 (A) POLICY NUMBER: NOTICE OF CANCELLATION Except for non-payment of premium by you, we agree that no cancellation or limitation of this policy shall become effective until the number of day's written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item I of the Schedule at the address indicated. SCHEDULE 1. Name: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECMV #35050 New York, NY 10163-4668 Address: 2. Number of Days Written Notice: 3 0 Additional Days 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 Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE: ST ASSIGN: Page 1 of 1 UTIL 1322 AMENDMENT NO.1 TO EXTEND THE AGREEMENT FOR RECYCLED WATER PHASE Ill ENVIRONMENTAL CONSULTING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. This Amendment No.1 is entered into and effective as of the (O.-\l day of D:.A7> bU , 2017, extending the agreement dated November 2, 2015 (the "Agreement") by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Helix Environmental Planning, Inc., a California corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on November 1, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version 1 /30/13 UTIL 1322 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR HELIX ENVIRONMENTAL PLANNING, INC., a California corporation (sign here) Michael Schwerin, CEO/President (print name/title) B~ Kristin Olszak, CFO (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and :;ubsiJdia,ry Darict a~;e Cr of Carlsbad ~''Vu U½L~~ Wendy Cha bers/General Manager If required by CMWD, proper notarial acknowledgment of execution by the contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, General Couns~I By ~~ eputyGeneral Counsel General Counsel Approved Version 1 /30/13 2 HELIENV-02 GOMEZB ACORD CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 3/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 ~~~i~cT Betty Gomez IOA Insurance Services r.Jm,N:o,Ext): (619) 574-6220 I rie~.No):(619)5-74-~8~ 4370 La Jolla Village Drive I~A~~ss: Betty.Gomez@ioausa.com Suite 600 San Diego, CA 92122 ! INSUR~S) AFFORDING COVERAGE -i NAIC# I INSURER A: Admiral Insurance Company 24856 INSURED 1NsURERB ,American Fire & Casualty Companv 24066 - Helix Environmental Planning, Inc. INSURER C: 7578 El Cajon Blvd., Ste. 200 INSURERD: --·"-La Mesa, CA 91942 INSURER E: .. ·-- INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. ----ADDLSUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE POLICY NUMBER LIMITS LTR INSDiWVD IMM/DD/YYYYl IMM/DD/YYYYl A ! X ! COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I $ 1,000,000 : ---[l CLAIMS-MADE [K] OCCUR FEIECC13581-04 04/01/2017 ! DAMAGE TO RENTED I 50,000 X X 04/01/2018 I PREMISES (Ea occurrence) '$ ----·-----------i X i Contractor Poll Liab I 10,000 1---' MED EXP (Any one persoriL__' $ ' PERSONAL & ADV INJURY $ 1,000,000 ------~--~------ ' ~N'L AGGR~_GI\ TE LIMIT AP_p~S PER I I GENERALAGGREGATE L 2,000,000 POLICY]_ ~j '.;'t8f LJ LOC ! PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: I $ B AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 1,000,000 __(Ea accident\ $ ~ ANY AUTO I I X X BAA55955335 04/01/2017' 04/01/2018 BODILY INJURY (f'_e,U2_ersonl $ : OWNED SCHEDULED BODILY INJURY (Per acctdentl I $ ~ AUTOS ONLY AUTOS ~' ~GF\~sONLY i--l ~aro'?.i~t9 !PROPERTY DAMAGE (Per acc1dent1 ------L X Comp Ded. $500 X ,Coll Ded __ $1,000 $ A UMBRELLA LIAB I~ OCCUR EACH OCCURRENCE $ 5,000,000 -- i CLAIMS-MADE --·· ! X EXCESS LIAB FEIEXS13582-04 04/01/2017 04/01/2018 __ AGGREGATE $ 5,000,000 ~ ~OED ' X I RETENTION$ 0 I $ WORKERS COMPENSATION ! I PER I I OTH- ! AND EMPLOYERS' LIABILITY I STATUTE ER --YIN ' I s ANY PROPRIETOR/PARTNER/EXECUTIVE [J ' EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA : EL DISEASE -EA EMPLOYEi$ _ -~---- (Mandatory in NH) I --------------If yes, describe under i E.L. DISEASE -POLICY LIMIT j $ DESCRIPTION OF OPERATIONS below ' A ,Prof Liab/Clm Made I jFEIECC13581-04 04/01/2017 04/01/2018 llimit ' 1,000,000 I I A jDed.: $10K Per Claim ,FEIECC13581-04 04/01/2017: 04/01/2018 !Limit 2,000,000 i I I I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability Retroactive Date: 10/1/1991 EXCESS LIABILITY POLICY INCLUDES: CGL, CPL, Professional Liability, Auto Liability, and Employers Liability. *DEDUCTIBLES: GL • $5,000 Each Occurrence; CPL· $5,000 Each Pollution Condition; PROF LIAB -$10,000 Each Claim. CYBER LIABILITY COVERAGE, Travelers Casualty & Surety Company of America, Crime/Cyber Liability Policy #105763409, Policy Period: 4/01/2017 • ISEEATTACHEDACORD 101 CERTIFICATE HOLDER Carlsbad Municipal Water District Attn: Lindsey Stephenson 5950 El Camino Real I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / j AGENCY CUSTOMER ID: HELIENV-02 LOC #: 1 ------- ADDITIONAL REMARKS SCHEDULE AGENCY License # 0E67768 IOA Insurance Services ---·------·- POLICY NUMBER SEE PAGE 1 --------------·--····-··. - CARRIER : NAIC CODE SEE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabili!Y_lnsurance Description of Operations/LocationsNehicles: NAMED INSURED Helix Environmental Planning, Inc. 7578 El C~on Blvd., Ste. 200 La Mesa, A 91942 San Diego EFFECTIVE DATE: SEE PAGE 1 4/01/2018, Cyber Liability Limit: $1,000,000 per claim, $10,000 Retention per claim RE: Phase Ill Recycled Water Project MMRP GOMEZB Page 1 of 1 ----- Carlsbad Municipal Water District (CMWD) is Additional Insured with respects to General Liability and Auto Liability per the attached endorsements as required by wirtten contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Auto Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I Helix Environmental Planning Inc. Endorsement Number: Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMl\tIERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional l11'>ured Person(s) Or Organizntion(s): Locntion(!:l) Of Covered Opcrntions Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contract, to name as an additional insured. endorsement is required by contract. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 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", "prope1ty damage" or "personal and adve11ising injury" c:msed, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(:,) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only upplies to the extent petmitted 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 addition:il insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: ~ ISO Prnpcities, lnc. CG 2010 0413 Helix Environmental Planning Inc. Endorsement Number:. This insurance does not apply to "bodily injury" or "propetty damage" occun-ing after: l. All work, including miiteri.ils, parts or e;:qt1ipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" 011! of whieh the injury or damage arises h:is been put to its intended use by any person or organization other than another contractor or subcontractor engaged in pe1forming operations for a principal as a part of the same project. C. With respect to the insurance affonle.d to !he~e addilional insureds, !he following is added to Section III -Limits Of Insurance: 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 nmonnt of insurnnee: 1. Required by the contract or agreement; or 2. Available under the applicable Limits ofinsurance shown in the Declarations; whichever ii-less This endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. «;, ISO Prope1ties, Inc. / Helix Environmental Planning Inc. Endorsement Number: Additional Insured -Owners, Lessees or Contractors - Completed Operations This endorsement, effective 4/1/2017 attaches to and fonus a part of Policy Number FEf-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Com11leted 01· 01·aanizatlon(r), o,,"ration~ Any person(s) or organization(s) whom the Named Insured Those project locations where this agreeo, in u written contrnct, to nume OG on additional insured. endorsement is required by contract. However, this status exist~ only for the project specified in that contract. Information recmirecl to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 07 04 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 r1:;spect to liability for "bodily injmy" or "prope11y damage" caused, in whole OI' in pa11, by "your work" at the location designated and described in the schedule of this endorsement petformed for that additional insured and included in the "products- completed operations hazard". © ISO Pmpe1ties, Inc., 2004 Helix Environmental Planning inc. Endorsement Number: Automatic Additional Insured -Owners, Lessees or Contractors ECC-319-0712 This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This enclorsem ent changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMlVIF.::RCIAL GENERI\L LIABILITY COVERI\GE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Ot'ganization: Any person(s) or organization(s) whom the Named insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with ref>pect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-048-0712 Helix Environmental Planning Inc. Endorsement Number: Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 4/1/2017 attaches to and fom1s a part of Policy Number FEI -ECC-135 81-04. This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Prima1y ancVor Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third patties in respect to work petformed by you under any written contractual agreement with such third patty. it is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. ECC-552-0712 Helix Environmental Planning Inc. Endorsement Number: Automatic Waiver of Subrogation Endorsement This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMI\IIERCIAL GENERAL LL\.BILITY COVER.t\GE PART CONTR.\CTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SCI-IBDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this statu~ exists only for the project specified in that contract. l11e Company waives any right ofrecovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injmy or damage arising out of the insure d's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Policy Number: BAA55955335 COMMERCIAL AUTO CA88100113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENT ARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION 11 • LIABILITY COVERAGE is amended as follows: 1, BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d, Any legally incorporated entity of which you own more than 50 percent of the voling stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Of1icc, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1 .. WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. • WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract. agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS 5. SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill· PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 0 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired ''auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2, Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE· ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA8810 0113 Includes copyriglltcd material of Insurance Services Ottico, Inc., with its permission. Page 3 of 7 0 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the ''accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered •auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f, No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION 111 -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. 8. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 c, "' Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 1~ LOAN/LEASEGAPCOVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto" 1 I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 ~= 8 __ 0 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductlble of SECTION 111 -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies lo glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV · BUSINESS AUTO CONDITIONS Is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA88100113 Includes copyrighted material of Insurance Services omcc, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss". our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V · DEFINITIONS Is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily inJury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23, EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Ofiice, Inc., with its permission. Page 7 of 7 Client#· 19431 HELIENVI ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 3/24/2017 THIS CERTIFICATE IS ISSUED AS A MA TIER 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMl~(;T Joyce Flores Marsh & McLennan Agency LLC 11tJ8NJo Ext): 858-587-7546 I r:i~. No): 858-210-3932 Marsh & McLennan Ins Agency LLC J~MlJ~ss: Joyce. Flores@Ba rney and Ba r11ey. c_<>__r11___ ___ PO Box 85638; CA Lie #0H18131 - INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A: Travelers Property Casualty Com 25674 INSURED HELIX Environmental Planning, Inc. INSURER B: 7578 El Cajon Boulevard, Suite 200 INSUfl.E_R C : --------- INSURER D: La Mesa, CA 91942 f---------. " INSURER E: --··--·---- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. INSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ~D CLAIMS-MADE Q OCCUR ~ ------------ ~ ------------ GEN'L AGGREGATE LIMIT APPLIES PER: f---1 POLICY [l jrg: r-1 LOC n OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS -SCHEDULED AUTOS NON-OWNED AUTOS 1ADDL:SUBR INSR WVD I I ~ UMBRELLA LIAB H OCCUR : ,_,_:"CESS LIAB CLAIMS-MADE I POLICY NUMBER OED I I RETENTION$ 1 A ~WORKERS COMPENSATION --·--t-l --lt----t--D-T_J_U_B_8_249P37 A 17 AND EMPLOYERS' LIABILITY y IN I ANY PROPRIETOR/PARTNER/EXECUTIVE1--;;_-;---i : OFFICER/MEMBER EXCLUDED? ~ NI A , (Mandatory in NH) I I If yes, describe under 1 DESCRIPTION OF OPERATIONS below __ : I i .,POLICY EFF .. 1 .. POLICY EX~, I 1MM/DDIYYYY1 1MM/DDIYYYY1 LIMITS ! i EACH OCCURRENCE I $ I DAMAGE TO RENTED ! PREMISES 7Ea occurrence~)~!_$ ________ _, I MED EXP (Any one person) , $ ______ _ I PERSONAL & ADV INJURY I S -------·--- ! ' I GENERAL AGGREGATE ! $ ~DUCTS-COMPIOPAGG $ ' -1$ ______ _ I I COMBINED SINGLE LIMIT I (Ea accident\ $ I I BODILY INJURY (Per person) ' $ , : BODILY INJURY (Per accident) I S ·1· 1 PROPERTY DAMAGE !I $$ /Per accident) ! ! I i EACH OCCURRENCE I $ I AGGREGATE ! $ -----·--- I ---~ $ ~4/0-1 /2 ' /201 ~ X I ~f~ TUTE I I ~~i:i-:1 ---------=---- I j E.L EACH ACCIDENT $1 000 000 I E.L. DISEASE -EA EMPLOYEE~ $1 000,000 , ____ i EL DISEASE -POLICY LIMIT I s1 ,000,0Q_Q_ ___ _ I i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remar1<s Schedule, may be attached if more space is required) RE: Phase Ill Recycled Water Project MMRP CERTIFICATE HOLDER CANCELLATION Carlsbad Municipal Water District SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Lindsey Stephenson ACCORDANCE WITH THE POLICY PROVISIONS. 5950 El Camino Real Carlsbad, CA 92008-0000 AUTHORIZED REPRESENTATIVE I cJ"d7--- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1161945/M1161861 HSIJ UTIL1322 AGREEIVIENT FOR RECYCLED WATER PHASE lil ENVIRONMENTAL CONSULTING SERViCES HELIX ENVIRONMENTAL PLANNING, INC. / H r // THIS AGREEMENT is made and entered into as of the day ot Y/^j/fe/m^2015, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, „^Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and HELIX ENVIRONMENTAL PLANNING, INC., a California corporation ("Contractor"). RECITALS A. CMWD requires the professional services of an environmental consultant that is experienced in environmental planning. B. Contractor has the necessary experience in providing professional services and advice related to the Mitigation Monitoring and Reporting Program for the CMWD Phase lli Recycled Water Project, including the implementation of CEQA and CEQA-Plus requirements. 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 (2) years from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length ofthe extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be an amount, based on time and materials, not to exceed twenty thousand dollars ($20,000). 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". General Counsel Approved Version 4/2/15 1 UTILI 322 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 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 worfcers' 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. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's 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 byany of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 General Counsel Approved Version 4/2/15 UTIL1322 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 ofat 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 the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage, ifthe submitted poiicies contain aggregate limits, generai aggregate iimits wiil appiy separately to the work under this Agreement or the generai aggregate wili be twice the required per occurrence limit. 10.1.2 Automobiie Liabilitv (if the use of an automobiie is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the Caiifornia Labor Code. Workers' Compensation wili not be required if Contractor has no empioyees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professionai Liability. Errors and omissions iiabiiity appropriate to Contractor's profession with iimits of not iess than $1,000,000 per ciaim. Coverage must be maintained for a period of five years foilowing the date of compietion ofthe work. 10.2. Additionai Provisions. Contractor wili ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the foiiowing provisions: 10.2.1 CMWD will be named as an additional insured on Commercial Generai Liabiiity which shali provide primary coverage to CMWD. 10.2.2 Contractor wili obtain occurrence coverage, excluding Professional Liability, which wiii be written as claims-made coverage. 10.2.3 This insurance wili be in force during the life of the Agreement and any extensions of it and wiii not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions ofthis Agreement. 10.3 Providing Certificates of insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor wili furnish certificates of insurance and endorsements to CMWD. 10.4 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 General Counsel Approved Version 4/2/15 UTIL1322 replacement insurance or pay the premiums that are due on existing poiicies 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. 10.5 Submission of insurance Poiicies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance poiicies and endorsements. 11. BUSINESS LICENSE Contractor wiii 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 wiil maintain compiete and accurate records with respect to costs incurred under this Agreement. Ail records wiii be clearly identifiable. Contractor wiii aiiow 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 wiil allow inspection of ail 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 Ail 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, ail 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. 14. COPYRIGHTS Contractor agrees that aii copyrights that arise from the services wili be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behaif of CMWD and on behaif of Contractor under this Agreement. For CMWD Name Lindsey Stephenson For Contractor Name Joanne M. Dramko, AlCP Title Address Phone Associate Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 760-438-2722 Title Address Phone E-maii Environmental Planning Group Mgr 7578 El Cajon Boulevard La Mesa, CA 91942 619-462-1515 ioanned(a>helixepi.com mikes@heiixepi.com Each party wiii notify the other immediateiy of any changes of address that wouid require any notice or delivery to be directed to another address. General Counsel Approved Version 4/2/15 UTILI 322 16. CONFLICT OF INTEREST Contractor shall file a Conflict of interest Statement with the City Cierk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WiTH LAWS Contractor wiii keep fuiiy informed of federai, state and iocai iaws 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 compiy with these iaws, ordinances, and regulations and wiil be responsible for the compiiance of Contractor's services with aii applicabie laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will compiy with those requirements, inciuding, but not limited to, verifying the eligibility for employment of aii agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor wili compiy with ali applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 othenwise 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 wiil reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsafisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded to the Execufive 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. 20. TERMINATION In the event ofthe 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 nofice to Contractor. Upon notificafion 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 ofthe 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 ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee General Counsel Approved Version 4/2/15 UTILI 322 payable underthis Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensafion to be made. 21. 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 resulfing from, the award or making ofthis Agreement. For breach or violafion of this warranty, CMWD wiil have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or considerafion, or othenwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. 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 litigafion or in conjuncfion with lifigafion. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecufion. Contractor acknowledges that California Government Code secfions 12650 ef seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a pubiic enfity. These provisions include false claims made with deliberate ignorance of the false informafion or in reckless disregard of the truth or falsity of informafion. If CMWD seeks to recover penalfies pursuant to the False Claims Act, it is entitled to recover its lifigafion 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 jurisdicfion is grounds for CMWD to terminate this Agreement. 23. 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. 24. 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. 25. 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 enfire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms ofthe 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. /// /// General Counsel Approved Version 4/2/15 UTILI 322 26. 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 condifions of this Agreement. CONTRACTOR HELIX ENVIRONMENTAL PLANNING, INC., a Califomia corporation (sign here) Michael Schwerin / President (print name/tifie) (print name/fitle) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carisbad Patnck A. Thomas / Public Wori<s Director as authorized by the Executive Manager SEEATTACHED \J\ FOR OFFICIAL jUJ^ ACKNOWLEDGMEN"y^ 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 fi-om each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the ofRcer(s) signing to bind the corporafion. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel Bv: ^^a^^^ZZZh. Assistant General Counsel General Counsel Approved Version 4/2/15 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notar)' public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. State of California County of San Diego OnOc\ . \V^2Q\S before me, Rebecca Fristo, Notary Public (Here insert name and title of the officer) personally appeared Or\\CV^Qe \ ^<lV>NMe.r\^ ~ Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. f'''^ff'^^'i>»»»»^ti^^mmm»mmmm^ I /^^^^ OFFICIAL SEAL I WITNESS my hand and official se^. Signature of Notary Public (Notary Seal) ..«,.S,EBECCA FRISTO NOTAW PUBLKXV^LIFOflNlAi COMM. NO. 2070333 2? SANDEGOCOUNTY • MY COMM. EXP. JUNE 18.20181 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date (Additional infonnation) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowiedgmenl completed in California musl conlain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly compleled and attached to lhat documeni. The only exception is if a document is lo be recorded outside of California. In such instances, any alternative acknoM'ledgmenI verbiage as may be prinled on such a documeni so long as the verbiage does not require the notary lo do something lhat is illegal for a nolaiy in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type ofattached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. - AH Rights Reserved www.TheProLinlc.com - Nationwide Notary Service CAUFORNIA ALL-PURPOSE ACKNOWLEDGIWENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sianed the document to which this certfficate is attached, and not the truthfulness, accuracy, or validity of that document State of California 9Zr County of. Date personally appeared . before me V Here Insert Name'and Title ofJiie I . V Here Insert Name'and Title ofJie Officer Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the personj^ whose namefenb/aul rw^S- ^° 5^ i"=^''""^5nt and acknowledged to me that hi/S^i TecuteS the saS ^s/ttS?/th€ir authorized capacity(i^), and that by hfs<^eir signature(&)^e LtmS the plrso^ or the entity upon behalf of whidh the personfs) acted, executed the instmment P^rsoi^, JON SCOTT COMM. # 2073593 NOTARY PUIUC.MIIFORNIA SAH OlfSO Co(*Tr MifCoiw.iiP.MT4.2an 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand anc offibial seal mm Signature, of Notary Public Place Notary Seai Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or frhi^ulent reattachment of this form to an unintended document. Description of AttacheU. Document Title or Type of DocumenK^ Document Date: Number of Pages: 3ner(s) Other Than Named Above: Capacity(ies) Claimed by Signer^ Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in FacJ • Trustee • GuardiarjjorConservator • Other: Signer Is Representing: Signe corporate Officer --/fitle(s): • Partner - • Limifed • General [idividual Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Represenfing: ©^014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel rrniu ep-Sn EnWfonmenta/ Planning HEUX October 15,2015 Exhibif'A" Lindsey Stephenson, P.E. Associate Engineer City ofCarlsbad Public Works 5950 El Camino Real Carlsbad, CA 92008 Subject: Revised Letter Proposal to Provide Environmental Consulting Services for the Carlsbad Municipal Water District Phase III Recycled Water Project Dear Ms. Stephenson: HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this letter proposal/ Agreement (Agreement) to the Carlsbad Municipal Water District [CMWD] (Client) to provide environmental consulting services for the Phase III Recycled Water Project (Project). SCOPE OF WORK HELIX will provide environmental consulting support for the Project over its anticipated two- year construction period. The services provided by HELIX are anticipated to include: Task 1: Review of Mitigation Monitoring and Reporting Program (MMRP) Implementation HELIX staff familiar with the Recycled Water Phase III Initial Study/Mitigated Negative Declaration and CEQA Plus ("Project environmental documents") will review and advise CMWD on the MMRP implementation table developed by CMWD. Potential inconsistencies between the MMRP implementation table and Project environmental documents, if present, will be documented and discussed with CMWD staff. Task 2: Review of Design Documents HELIX staff familiar with the Project environmental documents will review the following design documents for consistency with MMRP: - Recycled Water Pipeline Segment 4A - Recycled Water Pipeline Segment 5 - Recycled Water Pipeline Segment 9 Proposal/Agreement to Ms. Lindsey Stephenson October 15,2015 Page 2 of3 The intent ofthis task is to ensure that mitigation requirements, such as cultural monitoring, pre-construction biological/bird surveys (Bio-1A and Bio-IB), hazardous material requirements (Haz-1 and Haz-2), and general construction features (Appendix A), are noted and assigned to the Contractor, as applicable. Task 3: Advise on Construction Implementation HELIX staff familiar with the Project environmental documents will advise CMWD as implementation questions arise for the following projects: - Recycled Water Pipeline Segment 1A - Recycled Water Pipeline Segment 4A - Recycled Water Pipeline Segment 5 - Recycled Water Pipeline Segment 7 - Recycled Water Pipeline Segment 9 The focus ofthis task will be on evaluating whether proposed construction activities, including Contractor-proposed changes to the Design Documents reviewed under Task 2, seem likely to conflict with MMRP measures. Task 4: Recycled Water Phase III Conference Calls HELIX principal staff will participate in Project conference calls during the anticipated two-year duration of project construction. Calls are anticipated to require approximately 30 minutes and occur monthly for the first nine months and every other month thereafter for the remainder ofthe anticipated two-year construction period. COST ESTIMATE HELIX will provide up to 100 hours of senior professional consulting services (Principal Planner or Principal Biologist), assuming a $200 per hour labor billing rate ($20,000). Altematively, at the City's request, an equivalent amount of other staff time may be provided. HELIX anticipates that the breakdown of labor costs for each task will be as follows: Task 1. Review of MMRP Implementation 2. Review of Design Documents 3. Advise on Construction Implementation 4. Conference Calls Total Cost Estimate $4,000 $4,000 $7,400 $4,600 $20,000 HEUX Environmental Planning Proposal/Agreement to Ms. Lindsey Stephenson Page 3 of 3 October 15,2015 The actual level of effort for these services will depend on several factors that are difficult to estimate in advance, such as exact timing of construction and level of cooperation from the Project Contractor(s). For purposes of this proposal, reasonable assumptions have been made for the tasks addressed herein, and the services will be provided on a time and materials basis, up to the maximum overall budget. Expenditures will be monitored and communicated to CMWD staff". ASSUMPTIONS AND LIMITATIONS The following assumptions/limitations are integral to this Agreement. • The scope of services required of HELIX does not include construction monitoring, preparation of CEQA or CEQA Plus documents (such as Addenda), preparation or processing of environmental permit applications, and/or participation in on-site Project meetings. HELIX is able to provide such services if requested by the City; however, this would require a reallocation of the funds included in this Agreement and/or an augment to the Agreement. CLOSING We look forward to working with you on this project. If you have any questions concerning this Agreement, please call me at (619) 462-1515. Sincerely, Michael Schwerin Chief Executive Officer Enclosure: Schedule of Fees HEUX Environmental Planning HEUX SCHEDULE OF FEES EnvironmentalPlaimif^; Consulting Sen/ices Consulting services perfomied by HELIX typically indude, 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 professional rates. Direct Costs Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs indude subconsultants, vehicle or equipment rentals, airplane and tram fares, pari<ing, per diem and lodging, mileage, communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25.00 per project day. There will be additional charges for plotting, color printing, aerial photographs and GPS services. Payment Invoices will be submitted monthly. Professional Rates Current hourly rates for consulting services: Principal $205.00-215.00 Principal Planner $180.00-205.00 Principal Biologist $180.00-205.00 Principal Permitting Specialist $170.00-200.00 Sr Project Manager l-lll $140.00-175.00 Sr. Acoustician $160.00-175.00 Sr. Air Quality Specialist $160.00-175.00 Sr. Environmental Specialist $150.00-165.00 Noise/Air Quality Specialist $135.00 Environmental Specialist l-lll $85.00-150.00 Project Manager $105.00-140.00 Archaeology Field Director $80.00 Staff Archaeologist $80.00 Archaeology Field Crew $75.00 Sr. Archaeologist $125.00 Historian $70.00-125.00 Environmental Planner l-lll $80.00-100.00 Environmental Analyst $65.00-75.00 Sr. Scientist $120.00-175.00 Biologist l-V $70.00-110.00 Assistant Biologist $50.00-60.00 Sr. Landscape Architect l-lll $150.00-180.00 Project Landscape Architect l-lll $100.00-140.00 Assistant Landscape Designer $70.00-100.00 Sr. GIS Specialist $105.00-145.00 GIS Specialist l-lll $75.00-100.00 GIS Technician $50.00-60.00 Graphics $110.00 Document Coordinator $80.00 Technical Editor $70.00-90.00 Operations Manager $85.00 Word Processor l-lll $65.00-80.00 Clerical $60.00 Rates are subject to change on a yearly basis, subject to CMWD approval. Donna Heraty From: Donna Heraty Sent: Monday November 09, 2015 3:12 PM To: 'joanned@helixepi.com'; 'mikes@helixepi.com' Cc: Rhonda Gasper-Heather; Janean Hawney; Shelley Collins Subject: Form 700 - Conflict of Interest - It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Dear Consultant: Regarding your agreement with the City ofCarlsbad for Environmental Consulting Services, Recycled Water Phase III - // your agreement states: Contractor shali file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Confiict of Interest Code. The Contractor shall report investments or interest in ali four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City ofCarlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 I Shellev.Collins^carlsbadca.gov ConnecXwitI, „5 Facebook | Twitter | You Tube | Flickr | Pinterest | Enews