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HomeMy WebLinkAboutBoka, Brandon; 2022-08-03;City Attorney Approved Version 6/12/18 1 AGREEMENT FOR GEOTECHNICAL CONSULTANT SERVICES BRANDON BOKA, SOLE PROPRIETORSHIP THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2022, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BRANDON BOKA, a sole proprietorship, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in third party review services for geotechnical reports and studies. B. Contractor has the necessary experience in providing professional services and advice related to geotechnical reports and studies. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The Community Development Director may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be forty thousand dollars ($40,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 3rd August City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 3 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of one year following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Tim Carroll Name Brandon Boka Title Senior Engineer Title Owner Department Community Development Address 1730 Bonita Lane City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Avenue Phone No. 760-250-9111 Carlsbad, CA 92008 Email brandyboka@sbcglobal.net Phone No. 442-339-2737 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 □ ■ City Attorney Approved Version 6/12/18 5 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 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 City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 6 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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 City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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 entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 7 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. BRANDON BOKA, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Jeff Murphy Community Development Director Brandon Boka/owner (print name/title) ATTEST: By: (sign here) Tamara R. McMinn for FAVIOLA MEDINA City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES 1.0 DEFINITIONS 1.1. CONTRACT ADMINISTRATOR: The Senior Engineer of the Land Development Engineering Division or its authorized representative. 1.2. CITY: The City of Carlsbad. 1.3. CONTRACTOR: The Geotechnical Consultant's responsible management individual or their authorized consultant. 1.4. PROPOSAL: A fixed cost proposal prepared by the CONTRACTOR for work requested by the CONTRACT ADMINISTRATOR. 1.5. TIME AND MATERIALS: Work Performed by the CONTRACTOR on an agreed hourly price per negotiated fee schedule. 2.0 CONTRACTOR'S OBLIGATIONS 2.1. The CONTRACTOR shall provide qualified professional geotechnical consulting, geotechnical and plan check services. The CONTRACTOR shall also provide other related services as agreed upon by both the CONTRACT ADMINISTRATOR and the CONTRACTOR. All work shall be performed in accordance with CITY procedures and policies. 2.2. Checking Geotechnical Reports 2.2.1. Review submittal for completeness. 2.2.2. Examine record reports and references. 2.2.3. Determine if the report meets overall technical conformance and adherence to good design practice. 2.2.4. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. 2.2.5. Review report and calculations and check for conformance with the Municipal Code and the current California Building Code. 2.2.6. Provide the city with a completed checklist and written confirmation that the reports are complete and technically correct, and are in conformance with applicable city codes, standards, and written policies and consistent with plans OR provide written comments describing the deficiencies of the reports. 2.2.7. Review retaining walls for conformance to soils report, site conditions and details 2.2.8. Check for the following technical items: a. General/Project Description b. Field Investigation c. Lab Testing d. Earth Materials e. Seismicity f. Slope Stability g. Conclusions/Recommendations DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 9 h. Geologic Hazards i. Illustrations j. References k. Coastal Bluffs l. Observation/Testing during construction m. Verify compliance with city ordinances, standards, policies and resolutions that apply to the subject plans n. Good engineering practice. 2.3. The CONTRACTOR shall provide all facilities, equipment, and standard engineering reference materials and applicable governmental code reference materials necessary to perform duties as required herein. 2.4. Should the city move to digital plan review during the agreement period, the CONTRACTOR shall provide their own Adobe Acrobat Professional or Bluebeam software license(s) to carry out plan check reviews in accordance with city procedures and policies. 3.0 NEGOTIATED PROPOSAL AND ACCEPTANCE 3.1 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for work shall be performed by negotiated agreement between the CITY and the CONSULTANT or on a time and material basis in accordance with section 4.0. 3.2 Work shall commence upon approval by the CONTRACT ADMINISTRATOR in accordance with the agreed fixed price or time and materials as described in section 3.1. 4.0 TIME AND MATERIALS 4.1 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONSULTANTS proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONSULTANT to perform the work on a TIME AND MATERIALS Basis. Invoices for Work on a TIME AND MATERIALS basis are subject to the CONSULTANT'S negotiated fee schedule attached to this agreement. 4.2 All work shall commence on the specified date established and CONSULTANT shall proceed diligently to complete said work within the time allotted. 5.0 PAYMENTS AND INVOICES 5.1 The CONSULTANT shall present monthly Invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 City Attorney Approved Version 6/12/18 10 fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONSULTANT under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT 5.2 Invoices for approved TIME AND MATERIALS Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify the CONSULTANTS billing. Invoices for Time and Materials work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each separate and complete item of TIME AND MATERIALS work. 6.0 PROGRESS AND COMPLETION 6.1. Contractor shall complete planchecks according to the following schedule: 6.1.1. First plancheck: complete and return to city within fifteen (15) working days of notice to pick up. 6.1.2. Second and subsequent planchecks: complete and return to city within ten (10) working days of notice to pick up. DocuSign Envelope ID: 9C869CED-4FB6-4F0E-A37E-8B5821AC8618DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 Schedule of Fees Effective July 7, 2022 Personnel Per Hour Principal Geologist/Engineer $200.00 Senior Geologist/Engineer 175.00 Admin. Assistant 50.00 OUTSIDE SERVICES Outside services are charged at cost plus 15 percent. Invoices Invoices rendered for professional services are due upon presentation. A service charge of 1.5% per month may be charged on accounts not paid within 30 days. DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 Included Berkshire Hathaway Direct Insurance Company 10391 07/15/2022 The City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 X X X N9BP678210 07/07/2022 07/07/2023A 5,000 1,000,000 50,000 2,000,000 2,000,000 Brandon Boka 1730 Bonita Lane Carlsbad, CA 92008 BIBERK P.O. Box 113247Stamford, CT 06911 Professional Liability (Errors & Omissions): Claims-Made Per Occurrence/ Aggregate 203-654-3613844-472-0967 customerservice@biBERK.com The City of Carlsbad are listed as additional insured as it pertains to general liability (see endorsement attached) $1,000,000/ $2,000,00007/07/202307/07/2022XA 1,000,000 1,000,000 07/07/202307/07/2022 X X 10,000X XX A N9PL678222 N9UM678211 DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 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 CONTACT NAME: PHONE I FAX fA/C No Extl: (A/C Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURERC: INSURER D: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence) $ ~ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY 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) ~ - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~k,tl-&+1>---- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 07/15/2022 Berkshire Hathaway Direct Insurance Company X X * * * ALS up to 12 months. 0 007/07/2022 07/07/2023 The City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 N9BP678210 Bldg #001: Engineers or Architects - Consulting - Not engaged in actual construction (Office) - 6378101 Location: 1730 Bonita LaneCarlsbad, CA 92008 n/a n/a n/a Brandon Boka 1730 Bonita LaneCarlsbad, CA 92008 BIBERK P.O. Box 113247Stamford, CT 06911 541330 250 (203) 654-3613 salessupport@biberk.com (844) 472-0967 DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3,,--.., I ACORD® CERTIFICATE OF PROPERTY INSURANCE DA TE (MM/DD/YYYY) ~ 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. PRODUCER CONTACT NAME: PHONE I FAX fA/C No Extl: fA/C Nol: E-MAIL ADDRESS: PRODUCER CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: INSURER B: INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 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 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DA TE (MM/DD/YYYY) DA TE (MM/DD/YYYY) __J PROPERTY BUILDING $ ~ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ ~ BASIC BUILDING BUSINESS INCOME $ ~ BROAD CONTENTS ~ EXTRA EXPENSE $ SPECIAL RENTAL VALUE $ ~ EARTHQUAKE BLANKET BUILDING $ ~ WIND BLANKET PERS PROP $ ~ FLOOD BLANKET BLDG & PP $ ~ $ ~ $ INLAND MARINE TYPE OF POLICY $ ~ ~ CAUSES OF LOSS $ ~ ~ NAMED PERILS POLICY NUMBER $ ~ ~ $ CRIME $ ~ ~ TYPE OF POLICY $ ~ $ __J BOILER & MACHINERY/ $ EQUIPMENT BREAKDOWN ~ $ $ ~ $ SPECIAL CONDITIONS/ OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~k0-&+1>--- © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: N9BP678210 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BP 04 48 01 06  ISO Properties, Inc., 2004 Page 1 of 1  ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Carlsbad Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II – Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. DocuSign Envelope ID: E2428AFC-94B0-43B2-9368-261184D8AAB3