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HomeMy WebLinkAboutHelix Environmental Planning Inc; 2017-08-22; UTIL1611UTIL1611 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. This Amendment No. 1 is entered into and effective as of the _______ day of __________________, 2019, extending the agreement dated August 22, 2017, (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., (“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 August 21, 2020. 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. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3217E0FC-3859-4E02-B63C-836840E269B2 July 23rd UTIL1611 General Counsel Approved Version 1/30/13 2 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 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad HELIX ENVIRONMENTAL PLANNING, INC., a California corporation By: By: (sign here) Vicki V. Quiram, General Manager Michael Schwerin, President (print name/title) By: (sign here) Kristin Olszak, CFO (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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: 3217E0FC-3859-4E02-B63C-836840E269B2 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/27/2019 (858) 452-2200 (858) 452-6004 24856 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91941 25682 A 1,000,000 X FEIECC1358106 4/1/2019 4/1/2020 50,000 CPL 1,000 1,000,000 2,000,000 2,000,000 CPL 1,000,000 1,000,000B 8102N6508301926G 4/1/2019 4/1/2020 $1,000 Comp $1,000 Coll 5,000,000A FEIEXS1358206 4/1/2019 4/1/2020 5,000,000 0 A Prof Liab/Clm Made FEIECC1358106 4/1/2019 Limit:1,000,000 A Ded: $10k Per Claim FEIECC1358106 4/1/2019 4/1/2020 Aggregate 2,000,000 Excess Liability policy follows the General Liability, Contractors Pollution Liability, Professional Liability, Auto Liability & Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. RE: Insureds operations performed under written contract. City of Carlsbad is Additional Insured with respect to General Liability Liability per the attached endorsements as required by written contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668-ECM #35050 Carlsbad, CA 92008 HELIENV-01 CERT3 Wateridge Insurance Services 10717 Sorrento Valley Road San Diego, CA 92121 Aida Uranga auranga@wateridge.com Admiral Ins Company Travelers Indemnity Co. of CT 4/1/2020 X X X X X X X X X X X X INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) 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) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Property Casualty Co of Amer 4/02/2019 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92186 Joyce Flores 858-587-7546 858-210-3932 Joyce.Flores@marshmma.com HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard, Suite 200 La Mesa, CA 91942 25674 A N X UB3K1683401926G 04/01/2019 04/01/2020 X 1,000,000 1,000,000 1,000,000 Waiver of Subrogation applies on workers' compensation per the attached. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 1 of 1 #S4083335/M4082845 HELIXENVIR1Client#: 439408 WSJZH 1 of 1 #S4083335/M4082845 INSURED: POLICY #: POLICY PERIOD: TO: HELIX Environmental Planning, Inc. UB3K1683401926G 04/01/2019 04/01/2020 INSURED: POLICY #: POLICY PERIOD: TO HELIX Environmental Planning, Inc. UB3K1683401926G 04/01/2019 04/01/2020 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 AGREEMENT FOR ENVIRONMENTAL CONSUL TING SERVICES HELIX ENVIRONMENTAL PLANNING, INC. UTIL1611 THIS AGREEMENT is made and entered into as of the Zl vtd day of u"\ --t , 2017, by and between the CARLSBAD MUNICIPAL WATER DISTRIC, 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"). RECITALS A. CMWD requires the professional services of an environmental consultant that is experienced in environmental review and planning. B. Contractor has the necessary experience in providing professional services and advice related to environmental review and planning. 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 two (2) additional one (1) year periods or parts thereof. Extensions will be based on a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($35,000) per Agreement year. 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". General Counsel Approved Version 4/2/15 1 UTIL1611 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 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. 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 by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under their self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 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 2 UTIL1611 insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile 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 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. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. General Counsel Approved Version 4/2/15 3 UTIL1611 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 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. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. 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. 14. 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. 15. 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 Name Title Lindsey Stephenson Senior Engineer-Utility Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone 760-603-7356 For Contractor Name Title Joanne M. Dramko, AICP Environmental Planning Address 7578 El Cajon Boulevard La Mesa, CA 91942 Phone E-mail 619-462-1515 joanned@helixepi.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. General Counsel Approved Version 4/2/15 4 UTIL1611 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances, and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all 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 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. 20. 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. 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 General Counsel Approved Version 4/2/15 5 UTIL1611 fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation 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 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. 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 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. 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, embodies the entire Agreement and understanding between the parties relating to the subject matter of it. In the 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. General Counsel Approved Version 4/2/15 6 UTIL1611 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 conditions of this Agreement. CONTRACTOR HELIX ENVIRONMENTAL PLANNING, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By fi~~ (sign here) __._---'-'--=--=-=-=--'"-'-----=Sc=-n--=we----'--C ,:....:..... O.,____-----l--<J.J!5<>"1detJ- Elaine Lukey/P orks Director as authorized by the Executive Manager By• J~~ '~ .· ) ·nr l<~st·1 n O\sza kl CEO (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 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 Counsel By:_~~~~~-- Deputy General Counsel General Counsel Approved Version 4/2/15 7 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com August 10, 2017 Lindsey Stephenson, P.E. Senior Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, CA 92008 EXHIBIT A HELIX Environmental Planning Subject: Letter Proposal to Provide Environmental Consulting Services for the Carlsbad 5 Flow Facility Project Dear Ms. Stephenson: HELIX Environmental Planning, Inc. (HELIX) is pleased to submit this letter proposal to the Carlsbad Municipal Water District (CMWD; Client) to provide environmental consulting services for the Carlsbad 5 Flow Control Facility (FCF) Project (project), located in Carlsbad, California. PROJECT BACKGROUND AND UNDERSTANDING The City of Carlsbad (City) served as the lead agency for the Precise Development Plan and Desalination Plant Project (Desalination Project) under the California Environmental Quality Act (CEQA) and prepared and certified an Environmental Impact Report (EIR) in August 2006 (SCH No. 2004041081). Two EIR Addenda to the EIR were filed in 2009 and 2012. On April 12, 2016, CMWD Board adopted Resolution No. 1547 which authorized the execution of a Uniform Contract between the San Diego County Water Authority (SDCWA) and CMWD to purchase treated water from the Carlsbad Desalination Plant and promote local supply reliability. CMWD is planning to construct the FCF to directly accept CMWD's desalinated water to enhance supply reliability and diversify the water portfolio. The project also includes approximately 1,100 feet of 16-inch steel, high pressure inlet piping along Orion Street, to connect from the desalination pipeline in Faraday Avenue to the FCF, which would be located at the Carlsbad Public Works Department office facility. Approximately 500 feet of 12-inch PVC pipeline would be installed from the flow control facility to connect into the CMWD distribution system on El Camino Real. A portion of the pipeline within Orion Street between Faraday Drive and El Camino Real was included in the Desalination Project EIR as an alternate potential pipeline route. Therefore, for Letter Proposal to Ms. Lindsey Stephenson August 10, 2017 Page 2 of 5 the purposes of this proposal, it is assumed that an Addendum to the Desalinization Project EIR would be the appropriate CEQA document for the proposed facility. SCOPE OF SERVICES Task 1: Initial Study HELIX will prepare an Initial Study (IS) for the project that analyzes the potential environmental impacts associated with the project. Information in the Desalination EIR, including technical reports, will be reviewed and incorporated by reference. Impacts, assumptions, project design features, and mitigation measures will be summarized within the analysis of the IS (as applicable). The IS will comply with the requirements of the Appendix G checklist included in the CEQA Guidelines, and will focus on whether supplemental environmental review is required for the project under Public Resources Code section 21166 and State CEQA Guidelines section 15162. The IS will include a detailed description of the project, environmental setting, an IS checklist, and supporting figures. The IS checklist will address each environmental resource topic and will summarize the results and conclusions of the technical studies prepared for the project. As the project site is within a developed area, it is assumed that sensitive biological resources would not be affected. It is also assumed no modeling of construction or equipment noise, or quantification of air pollutant emissions would be required. HELIX will submit a draft IS electronically (in Microsoft Word and Adobe Acrobat formats) to CMWD for review. Task 2: Cultural Resources Letter Report The project area was surveyed for cultural resources in conjunction with the Desalination EIR; HELIX will prepare an update to that cultural resources study. This update will include the following scope: conduct a records search of known cultural resource sites at the South Coastal Information Center at San Diego State University, the local Information Center of the California Historical Resources Information System (CHRIS); contact the Native American Heritage Commission (NAHC) for a Sacred Lands File search and a list of Native American contacts for the project area; contact the local Native American community as identified by the NAHC; and review information regarding potential historical resources (including historic archaeological resources) within and adjacent to the project area. Due to the developed nature of the project alignment and lack of open ground, no field survey is proposed. If the records search and a review of the previous cultural resources survey report show that cultural resources have been recorded within the project area, a field check will be conducted to determine the need for additional testing/assessment of these resources. HELIX will prepare a letter report detailing the methods and results of the cultural resources study update, as well as recommendations. HELIX Letter Proposal to Ms. Lindsey Stephenson August 10, 2017 Task 3: Greenhouse Gas Emissions Analysis Page 3 of 5 The topic of greenhouse gas (GHG) emissions was not included in the Desalination EIR; however, as noted in the 2009 and 2012 Addenda to the EIR, the California Coastal Commission approved the Desalination Project subject to the condition that it included an Energy Minimization and Greenhouse Gas Reduction Plan. It is assumed that the FCF facility would be consistent with the GHG Reduction Plan. Further, in light of the wide range of global warming activity prior to the circulation of the EIR in June 2006, there are no substantial changes to the circumstances under which the project would be undertaken and therefore it is assumed that quantification of GHG emissions would not be necessary for the Addendum. As part of CMWD's application to the Department of Water Resources for project funding, HELIX will assist CMWD with the GHG Emission Calculations Spreadsheet for the Principal Desalting Component to estimate the daily and annual GHG emissions of the facility and designate what energy sources will be used for the normal operation of the project. HELIX will fill out the spreadsheet (Tables 12.1 and 12.2 of Attachment 12 of the Project Energy Source Portfolio form) with the assistance of CMWD for project assumptions and estimated energy usage. If requested, HELIX will prepare a brief memorandum summarizing the results of the GHG calculations and the project's consistency with the City's Climate Action Plan. Task 4: CEQA Addendum and MMRP The IS prepared as part of Task I will be the basis for the City to determine the appropriate level of subsequent CEQA processing for the project. For the purposes of this proposal, it is assumed that an Addendum to the Desalination EIR would be appropriate. HELIX will prepare an Addendum to the EIR that describes how the project meets the conditions set forth in Section 15164(a) of the CEQA Guidelines that specify when an Addendum may be prepared. Specifically, the project would not result in substantial changes that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or that the project would result in new information of substantial importance, which shows that it will have one or more new or substantially more severe significant effects. HELIX will also prepare the Mitigation Monitoring and Reporting Plan (MMRP) for the project, which will be based on the MMRP prepared for the EIR. The MMRP will include any applicable mitigation measures from the EIR and Initial Study, identify which measures from the EIR would not apply to the project, the implementation phase for the measure, the enforcement agency, and the monitoring agency. HELIX will provide the Addendum, MMP and Initial Study electronically (in Adobe Acrobat PDF format) to CMWD. Alternatively, instead of a separate Addendum and IS, HELIX could combine the analysis within one document, in a similar format as was prepared for the 2009 and 2012 Addenda. HELIX Letter Proposal to Ms. Lindsey Stephenson August I 0, 2017 Task 5: Team Coordination Page 4 of 5 HELIX will participate in formal and informal communication with the project team. This scope includes up to 24 hours allocated for team coordination (conference calls and/or attendance at three project team meetings). Task 6: Implementation Support HELIX will assist CMWD with implementation support for construction of the project. This may include reviews of construction documents, documentation of mitigation measure compliance such as cultural resource monitoring, biological resources monitoring/restoration, or other tasks as needed. ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations are a material component of this proposal. • 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), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Client will provide technical analysis or any other information necessary to adequately address hydrology, water quality, utilities, hazards, geology, and other topics related to the engineering design of the project. • Any project design changes, refinements, or additional work that must be completed in response to Client or review agency request, and which results in additional work or revision of any completed portion of the analysis, may require a contract augment. • Once preparation of the reports has begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required. • Technical studies, hearing attendance, and other tasks not identified in this scope ("additional work") are not included within the scope of services required of HELIX under this proposal. • This scope assumes that an EIR Addendum is the appropriate level of CEQA review; however, if the findings of the Initial Study determine that further CEQA review is required (such as a Mitigated Negative Declaration or EIR), a scope amendment would be required. HELIX Letter Proposal to Ms. Lindsey Stephenson August 10, 2017 COST ESTIMATE AND PAYMENT PROCEDURES Page 5 of 5 HELIX is pleased to submit this cost estimate not to exceed $35,000. The estimated cost for each task is provided below. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit B, Schedule of Fees. Task No. 1 2 3 4 5 6 Task Name Initial Study Cultural Resources Letter Report Greenhouse Gas Emissions Analysis Addendum and MMRP Team Coordination Implementation Support TOTAL Cost $11,220 6,530 6,230 3,380 5,280 2,360 $35,000 We look forward to working with you on this project. If you have any questions concerning this proposal, please call me at ( 619) 462-1515. Sincerely, ~v- Joanne M. Dramko, AICP Environmental Planning Group Manager Enclosure: Exhibit B, Schedule of Fees HELIX EXHIBIT B SCHEDULE OF FEES HELIX Env,ronmental Planning Consulting Serv;ces 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 professional rates. Direct Costs Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehide or equipment rentals, airplane and train fares, parking, 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. Pavrner:t Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. P, ofess,ona! Rates Current hourly rates for consulting services: Principal Principal Planner Principal Biologist Principal Permitting Specialist Principal Acoustician Sr. Fisheries Scientist Sr. Project Manager 1-111 Sr. Air Quality Specialist Sr. Environmental Specialist Noise/Air Quality Specialist Environmental Specialist 1-111 Environmental Compliance Specialist Project Manager 1-111 Archaeology Field Director Staff Archaeologist Archaeology Field Crew Sr. Archaeologist Historian Environmental Planner 1-111 Environmental Analyst Sr. Scientist Biologist 1-V Assistant Biologist Sr. GIS Specialist GIS Specialist 1-111 GIS Technician Graphics Document Coordinator Technical Editor Operations Manager Word Processor 1-111 Clerical Rates are subject to change on a yearly basis $205.00-220.00 $190.00-215.00 $190.00-215.00 $170.00-200.00 $180.00-190.00 $200.00-220.00 $150.00-190.00 $160.00-180.00 $150.00-170.00 $145.00 $85.00-150.00 $100.00 $110.00-150.00 $90.00 $80.00 $75.00 $135.00-150.00 $70.00-125.00 $80.00-110.00 $65.00-75.00 $120.00-185.00 $70.00-115.00 $50.00-60.00 $115.00-155.00 $75.00-105.00 $50.00-60.00 $110.00 $80.00 $70.00-90.00 $85.00 $65.00-80.00 $60.00 ~ HELIENV-02 GOMEZB ACORD. CERTIFICATE OF LIABILITY INSURANCE ! DA TE (MMIDDIYYYY) ~ 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 BElWEEN 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 # 0E67768 I coNTACT Betty Gomez ~...M_I:;: ·-------------- LOA Insurance Services ' PHONE I FAX 8 4370 La Jolla VIiiage Drive (A/C, No, Extd619) 574-6220 : (A/C, No):(619} 574-62 8 . E-MAIL --8 tty G @· -------Suite 600 ~oo~ss· e • _ome_z 1oausa.co_m ___ ---~-San Diego, CA 92122 INSURERjSl AFFORDING COVERAGE _____ j NAIC# ------ -----------··-··----------· ' 1NSURER A ,Admiral lnsuran!=e Company ----(24~-- INSURED 1 _INSURER a ,A,merican Fire & Casualty Con:iRM!Y_ ___ :i.~~ Helix Environmental Planning, Inc. ~f!ER C : ---------- 7578 El Cajon Blvd., Ste. 200 INSURER D: _______ ------------La Mesa, CA 91942 I _I_NSURER 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. I~~ -TYPE~~;NSURANCE ~i?.P~l~CI . POLICY NUMBER I POLICYiFF ! POLICY EXP ' LIMITS A .)(_~MMERCIAL GENE~IABILlTY ! I I ! CLAIMS-MADE Xi OCCUR X X IFEIECC13581-04 : x Contractor Poll· liab -----~~- GEN'L AGGREGATE LIMIT APPLIES PER ··--·: ~ --·1 ___ ; POLICY . X • jf& L__j LOC 'OTHER 8 l AUTOIIIOBILE LIABILITY ' X ANY AUTO ' O'MIIED -, SCHEDULED i--! AUTOS ONLY _ -~ AUTOS 1 , ~m* ONL y . ~a~~-mJt? ~ Comp Ded. $500 i )( Coll Oed $1.000 i ' I i I i !BAA55955335 X ! X i I EACH OCCURRENCE 1,000,000 04/01/2017 04/01/2018: ~~~~~H?E~~~~nce)__ S -50,000 ! 10,000 ~ MED EXP(Any one person) , $ ____ _ [ PERSONAL & ADV INJURY __ 1 1 ~ 1,000,000 i GENERALAGGREGATE • 2,000,000 ! ;~ODUCTS -COMPIOPAGG~~S ____ 2_,000,0QQ s , COMBINED SINGLE LIMIT 1,000,000 • 04/01/2017 • 04/01/2018 ~-~~~~:~~RY Wer~"rson) l: _______ ______, ~80!:;)IL:,' INJURY (Perao:,~de,=nl,yl i~s~------ 1 PROPERTY DAMAGE I I 1 (Per acc~e_nt) ~ $ I ; ! $ A I UMBRELLA LIAB X OCCUR : ~X-~ I i. i , EX_C~SSLI~_!_ __ 1._ _ _:_~l~~'.~ADE jFEIEXS13582-04 =EAco-Cc.cH~O=CC=U~R=R=EN=C=E ___ S '04/01/2017 04/01/2018: AGGREGATE _________ _ ! 5,000,000 / 5,000,000 I , OED -X / RETENTIONS ··o: I ! ! t $ s : OTH-. I WORKERS COMPENSATION I 'AND EMPLOYERS' LIABILITY y IN_ ! L EfL --'----~------, ANY PROPRIETOR/PARTNER/EXECUTIVE __ EL EACH ACCIDENT ____ $ i [l.\'!'~~il;;~l~iil1 EXCLUDED? i NI A I I ~~SC:~tTI~~ O"t~PERATIONS below .£ L_ DISEASE -E.'1!;"1_P~9.:f~!;.i_ __________________ _ A ; Prof Liab/Clm Made A Ced.: $10K Per Claim 1FEIECC13581-04 (FEIECC13581-04 I EL DISEASE -POLICY LIMIT S 04/01/2017 04/01/2018 Limit 04101/2017 04/01/2018 Limit DESCRIP!ION OF.OPa;l:(ATIONS I LOC_AllONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) Professional L1ab1l1ty 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. 1,000,000 2,000,000 CYBER LIABILITY COVERAGE, Travelers Casualty & Surety Company of America, Crime/Cyber Liability Policy #105763409 Policy Period: 4/01/2017. SEE ATTACHED ACORD 101 ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POL/CY PROVISIONS. Carlsbad Municipal Water District AUTHORIZED REPRESENTATIVE Attn: Lindsey Stephenson / ,;:..- 5950 El Camino Real (, ,-cf? .,. __ ,~.__,. CA fl2DOII '-._'·, ACORD 25 (2016/03) © 1988-2015ACORD CORPORATION. Alt rights reserved. The ACORD name and logo are registered marks of ACORD / AGENCY CUSTOMER ID: HELIENV-02 ------ LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGENCY ADDITIONAL REMARKS License # 0E67768, NAMED INSURED 'Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Ste. 200 -~La Mesa, CA 91942 !San Diego --rAIC COOE-~ ----~ ____ _ 1SEE p 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACQ~ FORM TITLE: Certificate of Liability lna_~rance Description of Operations/LocationsNehicles: 4/01/2018, Cyber Liability Limit: $1,000,000 per claim, $10,000 Retention per claim RE: Phase Ill Recycled Water Project MMRP GOMEZB Page 1 of 1 Carlsbad Municipal Water District (CMWO) is Additional Insured with respects to General Liability and Auto Liability per the attached endorsements as required by wirtten contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Auto Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Helix Env1ronmema1 Planning Inc. Endorsement Number: Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization This endorsement, effective 4/1/2017 attaches to and fonns a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read it carefully. [n consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMl\!illRCIAL GENERAL LIABILITY COVERAGE PART SCI-DWULE N:imr Of Additional I mm red Person(s) Or 01·i,:nnizntion($): Loeotion(s) Ol'Covcrcd Orx1·Rtio11s 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. CG2010 0413 A Section II -Who Is An Insured is amended lo 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 a<lve1ti11ing injury" cnused, in whole or in pat1, by: l. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing ope,:11tiona for the 11<lditional insured(a) al the location(s) designatoo above. However: l. The insu1·ance afforded to such additional insw-ed only ap1>lieE. to the extent pe1mitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforde<I to such additional insured will not be broader than that which you are required by the contract or agreement to provide for suoh :iddition:11 insured. B. With respect to the insurance afforded lo these additional insureds, the following additional exclusions apply: © ISO Propct1ies, Inc. ADMIIIA~' CG 2010 0413 Helix Environmental Planning Inc Endorsement Number: This insurance does not apply to "bodily injury" or "property damage" occuning after: l. All work, including materials, parts or equipment furnished in connection with such work, on U1e project (other lhan service, maintenance or repairs) lo be performed by or on behalf of U1e additional insurecl(s) at the location of the covered operations has been completed~ 01' 2. Tlrnt portion of "your work" out ofwhid1 the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C'. \Vith re<ipe:.,d (<, the in<i11rnn('e afforde.d to the.~e additional insureds, the following is added to Section III -Limits Of Insurance: If covernge provide<! to the additional insured is required by a contract OI' agreement, the most we will pay on behalf of the additional insured is the nmonnl of insur;ince· I. Required hy the contract or agreement; or 2. Available under the applicable Limits ofinsurance shown in the Declarations; wl1id1ever i~ le~~ TI1is endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. «;, ISO Prope1tics, Inc. ADMI~" Helix Environmental Planning Inc. Endorsement Number: Additional Insured -Owners, Lessees or Contractors - Completed Operations This endorsement, effective 4/1/2017 attaches to and fonns a part of Poi icy 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH.ElJULE Name Of Additienal Insured Person(s) Location And Dcscl'iptlon OfCom11leted 01· Or11anlHtlon(t)! 011.u-atlon, Any person(s) or organization(s) whom the Named Insured Those project locations where this ogreeo. in a written contract, to nnme oo on udditionol in.cured. endorsement is required by contract. However, this status exist, only for the project specified m that contract. Information required to complete this Schedule, if not shown above, will be shown in tl,e Declaration.~. CG ZO 37 07 04 Section II-Who Is An Insured is amended to include as an additional insured Lhe pen;on(s) or organization(s) shown in the;: Sd1eduk, but only with respect to liability for "bodily injury" or "prnpe11y damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of thi.-; endorsement petformed for that additional insured and included in the "products- completed operations hazard". G ISO Ptopetties, Im.:., 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 fom1 s a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Polley. Please read it carefolly. In com,ideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMl\1ERCIAL GENER4.L LIABILITY COVERI\GE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person 01· Organization: Any person(s) or organization(s) whom the Named Insured agree$, in a written contract, to name as an additional insured. However, this status exists only for the pro.iect specified in that contract. The pet'Son or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. .• ··.··~·:--::, ((;;~:~~ "1'..:~~ ., .ll.1SM'mAl j /:.~:-'!..~:lt ECC-G45-0712 Helix Environmental Planning Inc . Endorsement Number: Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, cifrctivc 411/2017 attaches to and fom1s a part of Policy Number FEI-ECC-I 3581-04 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 Primary amVor Non~contrilmtory 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 parties in respect to work pcdo1med by you under any written contractual agreement with such third patty. Lt is further agreed tliat any other msurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurnm.:.:. ECC-552-0712 Helix Environmental Planning Inc. Endorsement Number: Automatic Waiver of Subrogation Endorsement This endorsen1cnt, effective 4/1/2017 attaches to and fmms a part of Policy Number FEI-ECC-13581-04. This endorsement changes the Policy. Please read 1t carefully. In consideration of an additional t>remium of $Applied, this endorsement modifies insurnnce provided under the following: COMMERCIAL GENERAL LL\BILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART ~C.HEDlJLE Name of Person or Organization: Any pet!lon(i;) or organi7~'ltion(s) to whom the Named Insured agreel;, in a written contract to provide a waiver of subrogation. However, this status exii,ts only for the project specified in that contract. 111e Company waives any right of recovt-1)' it may have against the person or organization shown in the above Schedule because of payments the Company makes for inju1y or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person 01 organization in the above Schedule. Under no circumstances shall this endmsement act to extend the policy period. change the seope of coverage or increase the Aggregate Limits oflnsunin<.'e shown in the Declarntions. Policy Number: BAA55955335 COMMERCIAL AUTO CA 88 10 01 13 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 AMEN OED 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 SUPPLEMENTARY 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 II • LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended lo 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 {J) 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 th is 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 organilation; CA 88 10 01 13 © 2013 Liberty Mutuat Insurance Includes copyrighted material of lnsura nee Services Office, Inc., with ils 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 lhis 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 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. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to lhe employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION 111-PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, 1s 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 CA8810 0113 © 2013 Liberty Mutual Insurance Incl L1dcs copyrighted material of Insurance Services Office. Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only tf the damage occurs while the vehicle is being used 1n 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 applical:lle 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 lhe actual loss of use of tt1e 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 lo: (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 ANO 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 "ltght 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 ptace 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 provlde a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 13 © 2013 Liberty Mutual lnsL1rance Includes copyrighted material of lnsu ranee Services OHicc, Inc., with ils permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION 111 -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We wilt 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 lor the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up lo 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 Ill -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. B. 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. !he 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 ANO 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: CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material ot Insurance Services Office, Inc., with its permission. Page 4 of 7 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" al the lime 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 accessones 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. 14. LOAN / LEASE GAP COVERAGE 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 lhe time of the "loss" less the amount of: a. Overdue payments and t1nanc1al 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 occurrnd prior to the "total loss" of a covered ''auto". g. Security deposits not refunded by a lessor, h. All refunds payable or paid lo 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", 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. CA 88 10 01 13 © 2013 Liberty Mulual Insurance I ncludcs copyrighted m a1erial of lnsura nee Services Office. Inc .. with its permission. Page 5 of 7 1, ;;; 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to 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 pol!cies or coverage forms apply to the same accident, the following applies to paragraph 0. 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 nght 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 1t 1s 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. CA88100113 © 2013 Liberty Mutual Insurance lnclud~s copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, nolice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (31 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 8.7., Policy Period, Coverage Territory, 1s 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 or 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. CA 88 10 01 13 © 2013 Liberty Mulual Insurance I ncluctes copyrighted material of Insurance Services Ofiicc, Inc., with its permission. Page 7 of 7 Client#· 19431 HELIENVI ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 3/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL V AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR Al TER 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 ii2~t'cT Joyce Flores Marsh & McLennan Agency LLC !l18Ntl'o E.tl; 858-587-7546 I /NC, Nol; 858-210-3932 Marsh & Mclennan Ins Agency LLC l~lJ~ss, Joyce.Flores@BarneyandBarney.com PO Box 85638; CA Lie #0H18131 INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A, Travelers Property Casualty Com 25674 INSURED INSURER B: HELIX Environmental Planning, Inc. INSURERC: 7578 El Cajon Boulevard, Suite 200 INSURERD: La Mesa, CA 91942 INSURERE: , 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 TYPE Of INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DDIYYYY) (I\IM/00/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR ~~~~f§'£J?l~.7~encel $ ~ MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ DPRO-DLOC POLICY JECT PRODUCTS • COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -!Ea accident\ $ ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS !Per accidentl -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CL.AIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION DT JUB8249P37 A 17 M/0112011 04/01/20U X l~~fruTE I l~JH-AND EMPLOYERS' LIABILITY y N ANY PROPRIETOR/PARTNER/EXECUTIVE~ EL EACH ACCIDENT s1 000 000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) EL DISEASE -EA EMPLOYEE s1000000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE· POLICY LIMIT $1,000 000 OESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remar1<1 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 ~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 #S1161945/M1161861 The ACORD name and logo are registered marks of ACORD HSIJ