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HomeMy WebLinkAboutThe Bodhi Group Inc; 2023-01-31; PSA23-2063TRAN PSA23-2063TRAN City Attorney Approved Version 8/2/2022 1 AGREEMENT FOR INITIAL ASSESSMENT AND AERIALLY SURVEY FOR VILLAGE AND BARRIO TRAFFIC CIRCLES AND LIGHTING PHASE 2 THE BODHI GROUP, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and The Bodhi Group, Inc., a California Corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in initial site assessment and environmental services for NEPA. B. Contractor has the necessary experience in providing professional services and advice related to initial site assessment and environmental services for NEPA. 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 one (1) year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-two thousand nine hundred dollars ($22,900). 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." 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 DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 31st January PSA23-2063TRAN City Attorney Approved Version 8/2/2022 2 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 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. DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 PSA23-2063TRAN City Attorney Approved Version 8/2/2022 3 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 five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 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: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 PSA23-2063TRAN City Attorney Approved Version 8/2/2022 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 Lauren Ferrell Name Sree Gopinath Title Associate Engineer Title Project Manager Department Public Works Address 1076 Broadway, Suite B City of Carlsbad El Cajon, CA 92021 Address 1635 Faraday Ave Phone No. 858.513.1469 x 101 Carlsbad, CA 92008 Email sree@thebodhigroup.com Phone No. 442-339-2558 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: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 □ PSA23-2063TRAN City Attorney Approved Version 8/2/2022 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 0 (0) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 PSA23-2063TRAN City Attorney Approved Version 8/2/2022 6 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, 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: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 PSA23-2063TRAN City Attorney Approved Version 8/2/2022 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California THE BODHI GROUP, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, as authorized by the City Manager Sreekumar Gopinath, President, CFO, & Secretary (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON BY: _____________________________ City Attorney DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 1076 Broadway, Suite B • El Cajon, California • Phone (858) 513-1469 • Fax (858) 513-1609 Email sree@thebodhigroup.com • Website www.thebodhigroup.com December 28, 2022 Proposal No. 50374 Ms. Lauren Ferrell, PE, QSD/P Associate Engineer Public Works – Transportation Engineering City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Initial Site Assessment and Aerially Deposited Lead Survey Village and Barrio Traffic Circles and Barrio Lighting Phase 2 Carlsbad, California Dear Ms. Ferrell, We are pleased to present this proposal for preparing an Initial Site Assessment (ISA) for the Village and Barrio Traffic Circles and Barrio Lighting Phase 2 (Project). The Project will provide traffic calming features to enhance safety for all modes of transportation in the Village and Barrio neighborhoods and pedestrian lighting for enhanced safety and visibility. The Project may also include potential replacement of ageing underground sewer and water infrastructure in the Project area. Task 1 - Initial Site Assessment Under Task 1, the Bodhi Group, Inc. will prepare an Initial Site Assessment (ISA) for the Project. The ISA will be prepared in accordance with the California Department of Transportation (Caltrans) Standard Environmental Reference Volume I Chapter 10 requirements for ISAs, ISA guidelines and checklist in the Caltrans Project Development Procedures Manual, and the American Society for Testing and Materials (ASTM) Standard E1527-05 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”. The ISA will also comply with FHWA guidance documents on hazardous waste sites affecting highway project development and NEPA guidelines under the Comprehensive Environmental Review, Compensation and Liability Act (CERCLA), Section VIII ‘Hazards and Hazardous Materials’ of Appendix G (Environmental Checklist Form) of the CEQA Statute and Guidelines. The objective of the ISA is to document the presence or likely presence of hazardous substances or petroleum products (Recognized Environmental Conditions [RECs]) that could adversely affect the Project, or Project Site and vicinity. The ISA will include the following scope: •Historical research on the potential presence of hazardous materials conditions and releases as defined in the ASTM standard, which include but are not limited to underground storage tanks (USTs), aboveground storage tanks (ASTs), associated tank and vent piping, stressed vegetation, stained soil PSA23-2063TRAN Exhibit "A" DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 Village and Barrio Traffic Circles December 28, 2022 Carlsbad, California Proposal No. 50374 2 or pavement, and equipment that may contain or have historically contained polychlorinated biphenyls (PCBs). • Compilation and review of records of the Project Site and vicinity for hazardous materials conditions and concerns at the following agencies: San Diego County Department of Environmental Health (DEH), San Diego Regional Water Quality Control Board (RWQCB), California Department of Toxic Substances Control (DTSC), County of San Diego Solid Waste Local Enforcement Agency (LEA), and CalRecycle. This activity will include online research on Geotracker, Envirostor, and file review requests to individual agencies, if additional information is required. • Historical research of the Project Site and vicinity using available aerial photographs, topographic maps, fire insurance maps, and city directories. • Information provided by the Client or personnel with knowledge of the Project Site history will be reviewed for environmental cleanup liens and activity and use limitations, specialized knowledge or commonly known/reasonably obtainable information pertaining to potential adverse Project Site conditions, and/or obvious indicators of contamination at the Project Site and vicinity. Since the Project Site is a public right-of-way, land use restrictions are unlikely. However, City staff will be requested to provide information that may not be readily available in the public domain. • Report of the search of Federal, State, and Local databases through a 3rd party vendor (EDR). • Reconnaissance/physical inspection of the Project Site and vicinity will be conducted to search for visual conditions indicative of potential hazardous materials releases. • The ISA report will be prepared to identify RECs at the Site, our opinion regarding their level of significance, and recommendations. The ISA will include components listed in the above-referenced guidelines, including Site plans, maps, photographs, and reproductions of historical and regulatory resources. The report will discuss the presence of hazardous conditions from the historical uses of the Project Site and vicinity (e.g., ADL, pesticides, herbicides, etc.). Hazardous environmental conditions will be compiled in GIS-based figures depicting the location and the level of significance of each condition. • The ISA report will be prepared and certified by qualified professionals consistent with requirements published in the Caltrans guidelines and the ASTM standard. An Internal Draft report will be prepared for team internal review. A Draft report that incorporates team comments will be prepared for City review and comment. A Final Draft report that incorporates City comments will be prepared for Caltrans review and comment. A Final ISA report, inclusive of all stakeholder comments will be submitted. The fee to complete Task 1 is summarized in the table below. Task 1 – Initial Site Assessment Description Fees Project Management and Coordination $ 900 Initial Site Assessment $ 7,000 Total $ 7,900 We will begin work on Task 1 upon receiving written authorization to proceed. We estimate the Draft ISA Report will be submitted to you within six weeks from authorization to proceed. We will address comments from the City of Carlsbad and Caltrans District 11 to prepare the Final ISA Report. PSA23-2063TRAN Exhibit "A" DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 Village and Barrio Traffic Circles December 28, 2022 Carlsbad, California Proposal No. 50374 3 Optional Task 2 – Pre-Sampling Scope for Aerially Deposited Lead Survey Under Optional Task 2, the Bodhi Group will complete the pre-sampling tasks for the Aerially-Deposited Lead (ADL) Survey. This task is contingent upon results of the ISA and Caltrans District 11 staff requesting the ADL survey. This optional task will only be started upon written authorization from the City of Carlsbad. The pre-sampling scope will consist of the following: • Prepare a sampling plan that details the locations, samples, depths, and analytical methods for the ADL survey. The sampling plan will be provided to the City of Carlsbad for preparation of traffic control plans by others. Also prepare a sampling health and safety plan for the field crew to follow during fieldwork. • Apply for and obtain a City of Carlsbad encroachment permit and associated traffic control permit. Because the work is being done on behalf of the City of Carlsbad, it is assumed that City permit fees will be waived. • Field-mark the sample locations in white paint. Notify Underground Service Alert of Southern California of the proposed field exploration. Retain a private geophysical firm to clear the proposed locations of potential underground utility conflicts. • Retain a private traffic control firm to implement traffic control in accordance with the approved encroachment permit. The fee to complete Optional Task 2 is summarized in the table below. Optional Task 2 – Pre-Sampling Scope Description Fees Project Management, Sampling Plan, Subcontractor Coordination, and Permit Support $ 3,000 Field Markout and Utility Clearance $ 4,500 Field Traffic Control (Subcontractor) $ 7,500 Total for Optional Task 2 $ 15,000 We will only begin work on Task 2 upon receiving written authorization. Task 2 can be completed in eight weeks from authorization pending timely receipt of approved permits. We hope this cost proposal provides you sufficient information to proceed. If you need more information, please contact Sree Gopinath at (858) 513-1469 or by email at sree@thebodhigroup.com. We look forward to working with you on this important project. Respectfully submitted, The Bodhi Group, Inc. Sree Gopinath, P.E. President PSA23-2063TRAN Exhibit "A" DocuSign Envelope ID: 7827FACF-915A-4D5C-B6F6-C65743AAF0D7 INSR ADDLSUBRLTRINSR WVD 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 Evanston Insurance Company Valley Forge Insurance Company 1/27/2023 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638; CA Lic #0H18131 San Diego, CA 92186 Denise Meza 858-223-7013 858-452-7530 Denise.Meza@marshmma.com The Bodhi Group Inc. 1076 Broadway # B El Cajon, CA 92021-4803 35378 20508 A X X X BI/PD Ded:5,000 X X MKLV5ENV103728 09/27/2022 09/27/2023 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 B Y X WC431004562 09/27/2022 09/27/2023 X 1,000,000 1,000,000 1,000,000 A Professional Liability MKLV5ENV103728 09/27/2022 09/27/2023 Each Claim: $1,000,000 Aggregate: $2,000,000 Ded.: $5,000 City of Carlsbad/CMWD is included as additional insured on General Liability policy per the attached endorsement. Waiver of Subrogation applies to Workers Compensation policy per the attached endorsement.30 Days notice of cancellation applies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 1 of 1 #S12353270/M11722250 BODHIGROUPClient#: 429717 WXSQM 1 of 1 #S12353270/M11722250 1--D □ 1-- L-- 1-- R □ □ '-- '--~ '-- '--'----- L__ R 1 1 I 1 I □ © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which 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.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 Name Of Additional Insured Person(s) Or Organization(s) As required by written contract signed by both parties and executed prior to commencement of operations. N/A Location(s) Of Covered Operations POLICY NUMBER: MKLV5ENV103728 © Insurance Services Office, Inc., 2012 Page 2 of 2 CG 20 10 04 13 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 Name Of Additional Insured Person(s) Or Organization(s) As required by written contract signed by both parties and executed prior to commencement of operations. N/A Location And Description Of Completed Operations POLICY NUMBER: MKLV5ENV103728 Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 4 31004562 Endorsement No: 2; Page: 1 of 1 Policy Page: 31 of 46 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 09/27/2022Endorsement Expiration Date: © Copyright CNA All Rights Reserved. CNA II