Agenda Item A.8
CONSENT CALENDAR
Meeting Date: January 16, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Jaime A. Valdez, Neighborhood Services Director PREPARED BY: JoAnne Plummer, Parks and Recreation Manager SUBJECT: Amendment No. 2 to Agreement No. 2023 -022 with Filippin Engineering, Inc. for Construction Management and Engineering Services for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park
RECOMMENDATION:
A. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2023 -022 with Filippin Engineering, Inc. for construction management, inspection, testing and engineering services at the Goleta Community Center, increasing the contract authority by $187,000, for a new total contract amount not-to-exceed $478,847.
B. Approve a budget appropriation of $187,000 from the Park DIF Fund Balance to the accounts identified in the fiscal impact section of the report.
BACKGROUND:
On March 21, 2023, City Council awarded a Professional Services Agreement to Filippin Engineering, Inc. to provide construction management, inspection, and testing (CMIT) services for the Community Garden at Armitos Park and the Splash Pad at Jonny D Wallis Neighborhood Park in the amount of $291,847, assuming a maximum construction timeline of six months.
On December 22, 2023, Amendment No. 1 (included as part of Attachment 1) was completed for a time extension to avoid termination of the initial contract which had an end date of December 31, 2023. As a result of Amendment No. 1, the new termination date is December 31, 2024.
DISCUSSION:
The projects were planned and awarded to run simultaneously to reduce costs and impacts to the residents. Early in the project, supply chain demands on a primary element in the Splash Pad Project, created an unforeseen extension of the projects, separating 1 Meeting Date: January 16, 2024
the efforts into two separate projects to manage. The proje ct team evaluated opportunities to reduce oversight costs, but the demands of the project and need for daily inspections increased the necessary time in the field.
In addition to the projects now running consecutively, the Community Garden Project has also experienced significant delays with materials, extending the project period by more than three months. The Splash Pad Project at Jonny D Wallis Neighborhood Park resumed in mid-November, and the team is working hard to complete this project early so the public can benefit from the new amenities this spring. The current project completion date has been pushed to the end of April, and Amendment No. 2 to this contract has the assumption of both projects finalized before May of 2024. Amendment No. 2 maintains the termination date of December 31, 2024; however, it increases the contract authority by an additional $187,000 for a new not-to-exceed total of $478,847.
FISCAL IMPACTS:
The current funding for the Community Garden Project and the Splash Pad Projec ts is currently tied up in construction contracts, including the contingency. The Community Garden Project currently has over $300,00 remaining in contingency and is expected to be completed with at least $200,000 to $250,000 going unspent. Once the proj ect is closed out, these remaining funds will be returned to the Park Development Impact Fee Fund Balance. As a result, staff is requesting an additional appropriation of $187,000 from Park DIF Fund Balance for Construction Management and Engineering Services as detailed below. Sufficient Park DIF Fund Balance is available to accommodate this appropriation and would be returned at the time project closure (completion) occurs.
Project Totals
Fund
Type/
Project
Accounts FY
2023/2024
Current
Budget
YTD Actuals
(currently in
contracts)
Total
Appropriation
Total
Available
Budget
Park DIF
Communit
y Garden
CIP 9084
221-90-
9084-57070
and 57071
$1,847,524 $1,847,085 $110,000 $110,438
Park DIF
Splash
Pad
CIP 9111
221-90-
9111-57070
and 57071
$2,240,544 $2,240,543 $77,000 $77,001
Staff recommends $110,000 allocated to the construction account (221-90-9084-57071) for the Community Garden Project and $77 ,000 to the construction account ( 221-90- 9111-57071) for the Splash Pad Project.
Legal Review By: Megan Garibaldi, City Attorney
Approved By: Robert Nisbet, City Manager
2 Meeting Date: January 16, 2024
ATTACHMENTS:
1. Amendment No. 2 to Agreement No. 2023 -022 with Filippin Engineer ing, Inc. for Construction Management and Engineering Services for the Community Garden at Armitos Park and the Splash Pad at Jonny D. Wallis Neighborhood Park.
3 ATTACHMENT 1
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
FILIPPIN ENGINEERING, INC
4 City of Goleta
Amendment No. 2 to Agreement No. 2023-022
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
FILIPPIN ENGINEERING, INC
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Filippin Engineering, Inc. (“Consultant”) dated March 21, 2023 (“Agreement,” Agreement No. 2023-022) is made on this 16th day of January, 2024.
SECTION A. RECITALS
1. This Agreement is for the professional Construction Management, Inspection, and Material Testing services for the Community Garden, San Jose Creek Multi-Purpose Path, and Armitos Park Improvements Projects and Jonny D.
Wallis Neighborhood Park Splash Pad and Improvements Project; and
2. This Agreement has been amended to extend the termination date from December 31, 2023 to December 31, 2024 (Amendment No. 1); and
3. The Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed two hundred ninety-one thousand, eight hundred forty-seven dollars ($291,847); and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of one hundred eighty -seven thousand dollars ($187,000) for continued tasks; and
5. The City Council approved this Amendment No. 2, on this 16th day of January, 2024.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $187,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of four hundred seventy -eight DocuSign Envelope ID: 5BA683F8-CB0B-4EBC-B658-3DD98654BBB1 5 City of Goleta
Amendment No. 2 to Agreement No. 2023-022
thousand, eight hundred forty-seven dollars ($478,847) (herein "not- to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expen ses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Gino Filippin, P.E.
President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Kelly Wheeler, P.E.
Vice President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 5BA683F8-CB0B-4EBC-B658-3DD98654BBB1 6 City of Goleta
Amendment No. 1 to Agreement No. 2023-022
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
FILIPPIN ENGINEERING, INC.
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Filippin Engineering, Inc . (“Consultant”) dated March 21, 2023 (“Agreement,” Agreement No. 2023-022) is made on this _____ day of ___, 20______.
SECTION A. RECITALS
1. This Agreement is for professional Construction Management, Inspection, and Material Testing services for the Community Garden, San Jose Creek Multi-Purpose Path, and Armitos Park Improvements Projects and Jonny D.
Wallis Neighborhood Park Splash Pad and Improvements Project; and
2. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2023; and
3. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2024; and
4. The City Manager approved this Amendment No. 1, on this _____ day of ____, 20_____.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional twelve months (12) to read in its entirety:
The term of this Agreement is from the date first written above to December 31, 2024, unless the term of this Agreement is extended or the Agre ement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
DocuSign Envelope ID: 1B4A5422-B80A-41D8-BFE2-DC87D546F708 23 December
22nd
22nd
23 2023-022.1
December
7 City of Goleta
Amendment No. 1 to Agreement No. 2023-022
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Gino Filippin, P.E.
President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Kelly Wheeler, P.E.
Vice President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 1B4A5422-B80A-41D8-BFE2-DC87D546F708 8 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐NO
☐YES
Meeting Date:
Requires Vendor Set -up:
☐NO
☐YES
If no, Vendor Number:
Director Level Approval:
☐NO
☐YES
Site Authority:
Provide summary of agreement below:
Document Name and Type: Project Name :
Vendor Name:
Contact Person:
Address:
Phone Number:
Email Address:
Business License Number:
City Project Manager:
Contact Number:
Email Address:
AMOUNT NOT TO EXCEED : ON CALL SERVICES? : ☐NO ☐YES*
*On call s ervices require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED : ☐NO ☐YES*
*May requ ire Purchasing Officer ’s override to input Requis ition
ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review/Approve as form
Finance Director,
Purchasing Officer
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
Requisition Number:
Staff (DocuSign User) Staff routes agreement to vendor via DocuSign for electronic signature and requests Insurance documents.
Risk Manager Risk Management shall rate Insurance.
City Manager City Manager will approve and sign the agreement.
City Clerk City Clerk will approve and sign the agreement.
FINALIZED ON: INITIAL RESOLUTION NO
(IF APPLICABLE)
Staff Routing Agreement:
Contact Number:
Email Address:
Vendor Staff will route a fully exec uted copy of the agreement to the vendor.
BELOW FOR CITY CLERK PROCESSING ONLY
FILE NUMBER
Tuesday, March 21, 2023
002155
Construction management for Community Garden, San Jose Creek Multi-Purpose Path, and Armitos Park Improvements Project and the Jonny D. Wallis Neighborhood Park Splash Pad and Improvements Project Professional Services with Filippin Engineering, Inc
Construction Management for CIP 9084, 9007 & 9111
Filippin Engineering Inc
$291,847
Kelly Wheeler
354 S. Fairview Ave, Suite D Goleta, CA 93117
805-448-5619
[email protected]
JoAnne Plummer
805-562-5505
[email protected]
Leonel Mendoza-Diaz
805-961-7558
[email protected]
23NS095
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 3/23/2023
3/28/2023
3/28/2023
3/28/2023
3/29/2023
4/5/2023
4/6/2023
City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
Project Name: Construction Management for Community Garden, San Jose Creek Multi- Purpose Path, and Armitos Park Improvements Project and the Jonny D. Wallis Neighborhood Park Splash Pad and Improvements Project
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
FILIPPIN ENGINEERING, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and ent ered into this ________ day of ______ , 20____, by and between the CITY OF GOLETA, a municipal corporation (herei n referred to as " CITY"), and FILIPPIN ENGINEERIN G, IN C., a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional Construction Management, Inspection and Material Testing services for the Community Garden, San Jose Creek Multi-Purpose Path, and Armitos Park Improvements Project and Jonny D. Wallis Neighborhood Park Splash Pad and Improvements Project; and
2. The CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.
4. The City Council, on this ____ day of __________, 20__, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the service s described in Section 2.
CONSULTANT warrants it has the qualificati ons, experience, a nd facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 2023-022
March
March
23 21st
23 21st
10 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
Professional Construction Management, Inspection and Material Testing Services in conjunction w ith Community Garden, San Jose Creek Multi-Purpose Path, and Armitos Park Improvements Project and Jonny D. Wallis Neighborhood Park Splash Pad and
Improvements Project. Services shall generally include as more particularly set forth in the Scope of Work, attached a s Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Ra te. The total compe nsation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 291,847 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly a t the hourly rates and with reimbur sement to CONSULTANT for th ose expenses set forth in CONSULTANT's Schedule of Fe es marked Exhibit "B ," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2023 , after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the to tal compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall pr ovide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project M anager, as describ ed in Se ction 5 .
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay C ONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in wr iting before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensati on for extra services shall be part of DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 11 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is JoAnne Plummer, Project M anager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but sh all not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of t his AGREEMENT is f rom the date first written above to December 31, 2023 unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawin gs, designs, data, photographs, reports and other documentation (other than CONSULTANT's dra fts, no tes and internal memorandum), including duplication of sam e prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to h old CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those de scribed in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Kelly Wheeler, P.E., is deemed to be specially ex perienced and is a key member of C ONSULTANT's firm, and shall be directly involv ed in t he performance o f this work. This key person shall communicate with, and periodically report to, CIT Y on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 12 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT' s Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CO NSULTANT, to CONSULTANT's employees, to CONSULTANT’s contractors or sub contractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or i ndirectly, with CONSULTANT's p erformance of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of Third Party Claims/Liability.
CONSULTANT shall investigate, defend, and indemnify CIT Y, its elected officials, officers, agents, and e mployees, from any cla ims, law suits, demands, judgments, and all liability inclu ding, b ut not lim ited t o, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automob ile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or o mission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultant s, or subcontractors, or the willful misconduct o f CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, s ubconsultants, or su bcontractors, in performing the services described in, or normally associated with, this type of contrac ted work. The duty to defend shall include any s uits or actions concer ning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjus ting costs and any other costs required for and related thereto. (c) No Wai ver. CITY does not waive, nor shall be deemed to have waived, any indemnity, def ense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with C ITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A - or better, Class VII or better, or as ot herwise approved by CITY.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 13 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent w ith an edition date prior to 2004 and with minimum limits of $1,000,000 per occu rrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Lia bility, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provid er owns no vehi cles, this requirement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including sta tutory limits f or wor kers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to b e performed in connection with this agreement, in the min imum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for pro fessional liability insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work perf ormed or related to the contract. Additional insu red status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 20 04, or its equivalent. Additional insured status for complet ed operations shall be provided either in the addi tional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General an d automobile liability insurance shall apply separately to each insured against whom a claim is made or s uit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agree s to maintain continuous cove rage through a period no les s than three years afte r completion of the services required by this agreement.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 14 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
d) Except for professional liability insurance, l iability coverage sh all be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (includi ng the workers’ compens ation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in co verage or in limits except after 30 days’ prior wr itten notice has bee n given t o CITY.
Such provision shall not include any limit ation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply wi th this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agen ts, from waiving the right o f recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of in surance and required endorsements.
h) There shall be no r ecourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any fai lure, actual or alleged, on the part of CITY to mo nitor compliance wit h these r equirements will not be deemed as a waiver of any r ights on the pa rt of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not c omply wit h these requirements or is canceled and not replace d, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptl y reimbursed by CONSULTANT or CITY will withhold a mounts sufficient to pay prem ium from CONSULTANT payments.
i) CONSULTANT agrees to provide imme diate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the righ t (but not the duty) to moni tor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, serv ant or employee of CITY. CONSULTANT shall be solely DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 15 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer oblig ations associated wi th the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Shou ld CONSULTANT fail to make such correction in a reasonabl y timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notif ying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any porti on or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination , CONSULTANT shall have the r ight and obligation to immed iately assemble work in progress for t he pur pose of closing out the job. All compensation for actual work performed and charges outstanding at the t ime of termination shall be payable by CITY to CONSULTANT within 30 days follow ing submission of a final st atement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate a s and be a rele ase of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptanc e of payment shall b e any neg otiation of CITY's check or the failure to make a w ritten extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of th e responsibility and liability of CONSULTANT, its employe es, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or li ability b y CITY for any defect or err or in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business ho urs and as often as it may deem necessary, CONSULTANT shall make avail able to a representative of CITY for examination of all its records with re spect to all matters covered by this DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 16 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial recor ds, time sheets, wor k progress reports, invoices, bills a nd project records for at least two ye ars af ter termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespec tive of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless m ade in writing by such party, and no such waiver shall be implied from any omissions by a party to take any act ion with respect to such default or breach. No ex press written waiver of a spe cified default or breach shall affect any other def ault or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of t he remedies permitted or available to a party unde r this AGREEMENT, or at law or in equity, shall be cumula tive and alternative, a nd invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or off icial that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept an y financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit a nd not strictly for or agains t any party. It shall be co nstrued consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or n eutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 17 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
20. GOVERNING LAW
This AGREEMENT, and the rights a nd obligations of the p arties, shall b e governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, ve nue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discrimina te on the basis of race , color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a comp lete Request for Taxpayer Identification Number and Certification, Form W -9 (Rev. October 2018 ), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budge t and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs inc urred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and al l other terms of this AGREEMENT may be modified on ly upon mutual writt en consen t of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, sha ll obtain and mainta in during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 18 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience onl y and in no other way define, limit o r describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and i ts respective admini strators, officers, directors, shareh olders, divisions, subs idiaries, agent s, emp loyees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted represe ntations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of se rvices, and contains all of t he covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remain ing provisions will nevertheless continue in full force w ithout being impaired o r invalidated i n any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage pre paid, and addressed as follows:
TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Filippin Engineering, Inc.
354 S. Fairview Avenue, D
Goleta, CA 93117
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 19 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Gino Filippin, P.E Principle Civil Engineer
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Kelly Wheeler, PE
Vice President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 20 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
EXHIBIT A
ATTACHMENT 1
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 21 CITY OF GOLETA
Scope of Work to Provide Construction Management, Inspection and Material Testing Services
FILIPPIN ENGINEERING, INC. ▪ 354 S. FAIRVIEW AVE., SUITE D, GOLETA, CA 93117
SCOPE OF WORK
TASK 1: SERVICES PRIOR TO CONSTRUCTION
Task 1 Scope: Services Prior to Construction - Resident Engineer w/ support from Construction Management Team • Participate in Contract Documents review meeting(s) with the City, the Design Engineer, and Contractor
• Establish Quality Control and Quality Assurance Plan
• Document the project site
• Schedule, prepare for and Conduct precon meeting and distribute meeting minutes
• Submittal processing for long lead time equipment
• Establish communication procedures and Roles/ Responsibilities Matrix
Task 1 Deliverables
• Notice to Proceed for the Contractor
• Proposed Submittal List
• Preconstruction Meeting Agenda and Minutes
• Quality Control Plan and Quality Assurance Plan
• Preconstruction Condition Documentation
TASK 2: CONSTRUCTION MANAGEMENT SERVICES
Task 2.1 Scope: Project Management Services - Resident Engineer w/support from Construction Management Team • Schedule preparation (coordinated w/ Contractor’s schedule) • Baseline & Monthly Schedule eval (actual vs. planned) • Establish and maintain contract documentation procedures • Maintain project files and records management
• Maintain RFI and Submittal Logs, and review and route as necessary, and prepare responses to RFI's and Submittals
• Coordination of outreach and construction activities b/w Contractor, design consultant, City Public Works, City Council reps, and external utility reps
• Communication with the Contractor, City staff, Design Engineer, O&M staff, environmental staff, city arborist, and external utility representatives as required
• Notification and coordination of project issues with all involved and appropriate City departments, public and private agencies, City residents, and the general public
• Evaluation and coordination of traffic control plans with City Public Works staff, and applicable affected organizations
• Maintain and monitor the project schedule and budget, development, administering, and tracking of CCO’s
• Conduct weekly coordination meetings
• Monitor the Storm Water Pollution Prevention Plans (SWPPP) and Best Management Practices (BMPs) within project site
• Preparation of progress pay estimates, review of certified payrolls, preparation of Record Drawings
• Change order management (including cost tracking and estimated vs. actual expenditures)
• Draft and negotiate Change Orders for accuracy and relevance to the contract documents
• Construction Management Integrated Software will be used for the construction management of this project
• Photo/video site documentation before/during construction • Prepare and submit monthly Project progress reports with monthly progress payment requests. Directing and coordinating with City Arborist and Environmental Consultant to ensure that
environmental and mitigation monitoring requirements are met" • Identification and resolution of safety issues
• Conduct Monthly Critical Path Method (CPM) Schedule and As Built meetings with the Contractor and subcontractors
• Verification of construction staking by the Contractor • Monitor Contractor’s daily work for contract doc compliance Task 2.2 Scope: Construction Contract Administration - Resident Engineer w/ support from Construction Management Team • Conduct Preconstruction Conference, Construction Kickoff and weekly meetings and distribute minutes
• Coordination of site meetings with Contractor, Design Engineer and City staff, and preparation and distribution of meeting minutes • Review of Contractor’s contract execution for compliance with contract documentation requirements (i.e. certified payroll, labor compliance, DBE)
• Coordination of Contractor’s test plan & quality control plan • Review Contractor’s requests for information and route request to Design Engineer for resolution, as needed
• Completion of daily logs & weekly statement of working days • Review of Contractor’s pay requests and recommendations to City as to acceptability of request
• Communication with Contractor regarding acceptability of work • Review of Contractor’s submittals for compliance with Contract Documents
Task 2.3 Scope: Public Outreach and Coordination - Resident Engineer w/ support from Construction Management Team • Lead and present in community meetings, workshops, and coordination with design and public outreach teams
• Stakeholder outreach – coordinate and conduct outreach in conjunction with City PIO and PM to local businesses, affected entities, residents, and other project stakeholders
• Disseminate project information to the public and media, as directed by the City
• Preconstruction conference – communicate Draft Outreach Plan to team for integration and finalization
• Schedule coordination – Outreach Plan is a living document affected by schedule, and will be continually updated
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 22 CITY OF GOLETA
Scope of Work to Provide Construction Management, Inspection and Material Testing Services
FILIPPIN ENGINEERING, INC. ▪ 354 S. FAIRVIEW AVE., SUITE D, GOLETA, CA 93117 • Community Meetings – prepare and host 24 anticipated meetings prior to project to communicate intent, details, inconveniences, benefits, and method for info distribution.
• Community Communication – fact sheets, door hangers, website updates for public communication.
• Utility coordination – communicate schedule updates as appropriate (or stay on top of Contractor to facilitate their communication to avoid delays.
Task 2.4 Scope: Change Order Management - Resident Engineer with support from Construction Management Team • Review and evaluation of CCO requests and submittals
• Contract change order coordination b/w Contractor & City • Evaluate and create a Time Impact Analysis
• Prepare Cost Request Bulletins and associated backup for negotiation of changes
• Investigation and inspection of site conditions that differ from those described in the Contract Documents
• Review of submittals in support, and recommendations for resolution of claims and disputes
• Receive and analyze Notice of Potential Claim
Task 2.5 Scope: Field Inspection - Senior Construction Inspector w/ support from Construction Management Team and Subs • Review and inspection of Contractor’s work for compliance with Contract Documents on a daily basis
• Monitor corrective actions for non compliant work
• Coordinate quality assurance materials testing services including creation of a Quality Assurance Plan that details the scheduling of typical materials testing, and scheduling of special
inspections/testing identified in contract documents
• Coordinate with utility company representatives
• Quantity verification and Monthly Q sheets for progress payments • Public relations
• Conflict and field issue identification
• Complete field inspection daily diaries – includes extra work/CCO dairy of work
• Maintain digital photographic records of work in progress • Review of Contractor’s compliance with all regulatory permits, mitigation measures, and approved SWPPP
• Coordinate biological and mitigation monitoring
• Review of Contractor’s compliance with workplace safety and health standards and notification of City of non-compliance
• Review and approval of Contractor’s survey layouts
• Punchlist for final inspection
• Maintain field record drawings
• Line and grade verification
Task 2 Deliverables
• Weekly Meeting Agendas & Minutes
• Monthly Progress Reports
• Submittal Log & Tracking of Response
• RFI Log and Tracking of Response
• Shop Drawing/Sample Log and Tracking of Response
• CCO Log and Tracking of Response
• Independent Cost Evaluation of all PCO’s
• Bulletin Log and Tracking of Response
• Weekly Statements of Working Days
• Record Drawing Markups
• Labor Compliance Log
• SWPPP Compliance Log
• Daily Inspection Reports
• Daily Photographic Records
• Documentation in accordance with LAPM
• Quantity Backup information
TASK 3: POST CONSTRUCTION SERVICES A ND CONSTRUCTION CLOSEOUT
Task 3.1 Scope: Substantial & Final Completion Services - Resident Engineer w/ support from Construction Management Team • Site inspection to determine if facilities are complete and in compliance with Contract documents
• Preparation of punch list and inspection of punch list item corrective actions
• Recommendation to City as to the release of payments and retention to Contractor
• Oversight of mitigation monitoring and plant establishment plan Task 3.2 Scope: Record Compilation and Submittal - Resident Engineer w/ support from Construction Management Team • Verification and a signed certification that all as-built have been accurately updated, for work conducted during each payment cycle, prior to submitting the Contractor’s payment request
• Preparation and submittal of a complete set of organized construction contract documentation
• Review submittals of any as-built drawings made by the Contractor during construction
Task 3.3 Scope: Obtaining Warranty and Lien Release Information from Contractor - Labor Compliance/OE w/ support from RE • Coordinate with the Contractor to obtain all warranty and lien release information Task 3.4 Scope: Final Electronic Submittals - Resident Engineer with support from Construction Management Team • Project files will be kept and submitted in accordance with the Caltrans file system Task 3 Deliverables
• Complete set of record drawings
• Recommendation for final payment and acceptance
• Notice of Completion Statement of Final Quantities and/or Final Balancing Change Order
• Compile outstanding claim information for closeout
• Electronic Copy of all Project Files in Caltrans standard recordkeeping guidelines.
• Hard Copy (if agency requested) of all Project Files in Caltrans format, consistent with electronic files.
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 23 CITY OF GOLETA
Scope of Work to Provide Construction Management, Inspection and Material Testing Services
FILIPPIN ENGINEERING, INC. ▪ 354 S. FAIRVIEW AVE., SUITE D, GOLETA, CA 93117
TASK 4: QUALITY CONTROL PLAN
Task 4 Scope: Quality Control Plan - Resident Engineer with support from Construction Management Team and Subconsultants • Establish and implement a Quality Control Plan that details all work required for the successful completion of this project, including:
• Accuracy, completeness, and timeliness of meeting notes • Coordinating and negotiating contract change orders and claims management
• Roles and Responsibilities Matrix
• Progress payments
• Labor compliance documentation
• Consultant and Contractor budget tracking procedures
• Definition of stakeholder constraints and success
Task 4 Deliverables
• Quality Control Plan and updates throughout the project
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 24 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
EXHIBIT B
ATTACHMENT 2
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 25 City of Goleta
Neighborhood Services and Filippin Engineering, Inc.
EXHIBIT B
FILIPPIN ENGINEERING, INC.
BILLING RATES EFFECTIVE
JULY 1, 2022 to DECEMBER 31,
2023
Engineering Construction Management
Engineering Technician $ 120 Assistant Construction Manager $ 170.00 Senior Engineering Technician $ 130 Associate Construction Manager $ 175.00 Senior Construction Manager $ 200.00
Junior Engineer $ 160 Principal Construction Manager $ 210.00 Assistant Engineer $ 180 Senior Construction Inspector
(PW)
$ 160.00
Associate Engineer $ 190 Chief Inspector/Owner’s Rep
(PW)
$ 165.00
Senior Engineer $ 200 (PW) Prevailing Wage
Principal Engineer $ 215
General
Technical/Clerical Support $ 106 Sub-
Consultant
Cost + 5%
Office Engineer $ 120 Reimbursable Expenses Cost + 5%
Senior Program Manager $ 200 Outside Consultant Cost + 5%
Note 1: Reimbursable expenses include postage, shipping, outside plot and copy reproduction costs.
Note 2: On prevailing wage assignments, overtime rates for construction inspection = 1.3 X regular rate. Double time rates = 1.5 X regular rates.
Overtime will not be performed unless authorized in writing by the client.
Overtime is incurred as defined on the prevailing wage determination for construction inspector.
Note 3: Billing Rates subject to change for multiple year contracts in conjunction with labor increases, which will be calculated at an increase equal in a proportion equal to the CA DIR % increase issued yearly.
DocuSign Envelope ID: D7C8E4AA-837E-48C3-AE59-F6CC3B1AB494 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 26 REQUISITION
03/23/2023
ISSUED TO:
Date:
Vendor #: 002155
354 S. FAIRVIEW AVE, SUITE D
GOLETA, CA 93117
FILIPPIN ENGINEERING INC. SHIP TO:
130 CREMONA DRIVE, SUITE B
GOLETA, CA 93117
CITY OF GOLETA
Requisition #: 23NS095
UNITS DESCRIPTION PRICE AMOUNTGL ACCOUNT NUMBERITEM PROJECT # 1 0
20dba0e0-6f23-4597-a810-afce00e2dac1
Construction management for CIP 9084, 9007 & 9111
20dba0e0-6f23-4597-a810-afce00e2dac1
0.00 20dba0e0-6f23-4597-a810-afce00e2dac1
221-90-9111-57071 145,923.00
221-90-9084-57071 145,924.00
291,847.00TOTAL
SHIPPING:
TOTAL TAX:
SUBTOTAL:
0.00 0.00
291,847.00
Authorized By:
Construction management services for CIP projects for the Community Garden, San Jose Creek Multi-Purpose Path middle extent and Armitos Park Improvement project and the Jonny D. Wallis Neighborhood Park Splash Pad and Improvements Project.
Detailed Description:
PO Description: Construction Management for CIP 9084, 9007 & 9111 DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 27 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/21/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Marie Swaney
626-696-1890
[email protected]
License#: 6003745
Beazley Insurance Company Inc
37540
FILIENG-01
Sentinel Insurance Company
11000
Filippin Engineering Inc
805-729-0041
354-D S. Fairview Ave., Suite: D
Goleta CA 93117
Trumbull Insurance Company
27120
Hartford Casualty Insurance Company
29424
2051650503
B
X
2,000,000
X
1,000,000
X
Contractual Liab
10,000
X
XCU Included
2,000,000
4,000,000
X
Y
Y
84SBWBH0346
2/9/2023
2/9/2024
4,000,000
C
1,000,000
X
X
X
Y
Y
84UEGAC8323
2/9/2023
2/9/2024
D
X
Y
84WEGAK3JUW
2/9/2023
2/9/2024
1,000,000
1,000,000
1,000,000
A
Professional Liability &
Contractors Pollution Liab.
V1ABF1230801
2/9/2023
2/9/2024
Per Claim/1,000,000
included
$2,000,000/Aggr.
AM Best's Rating on all policies: A/XII or greater.
Project Name: Armitos Park Community Garden Improvements, San Jose Creek Multiuse Path and Jonny D, Wallis Park Splash Pad and Improvements.
City of Goleta is named as an additional insured as respects general liability and auto liability as required per written contract or agreement. 30 Day Notice will be sent to holder
City of Goleta
130 Cremona Dr., Suite B.
Goleta CA 93117
By Sandra Rodriguez at 2:42 pm, Mar 21, 2023
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 28 ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. D. 4.Section LIABILITY AND MEDICAL EXPENSES If the applicable “project” has been abandoned, LI
MITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from1. D.The General Aggregate Limit under Section plans, blueprints, designs, specifications orLIABILITY AND MEDICAL EXPENSES LIMIT timetables, the “project” will still be deemed toOF INSURANCE applies separately to each of be
the same “project”.your "projects".
5. D.The provisions of Section LIABILITY AND2. The limits shown in the Declarations for Liability MEDICAL EXPENSES LIMIT OF INSURANCEand Medical Expenses, Damage To Premises not
otherwise modified by this endorsementRented To You and Medical Expenses continue shall continue to apply as stipulated.to apply.
B. Additional Definitions3. When coverage for liability arising out of the G.“product s-completed operations hazard” is The following definition is added to Section provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of “bodily injury” or “property damage” included DEFINITIONS:
i
n the “products-completed operations hazard” 1. “Proj ect” means “your work” at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you.
Aggregate Limit, and not reduce the General
Aggregate Limit.
Form SS 04 33 04 05 Page 1 of 1
© 2005, The Hartford
Policy #
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 29 COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any "employee" of yours while using a covered "auto" you don't own, hire or A. Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations
personal affairs.The Named Insured shown in the
C. Lessors as InsuredsDeclarations is amended to include:
Paragraph A.1. - WHO IS AN INSURED - of (1) Any legal business entity other than a Section II - Liability Coverage is amended topartnership or joint venture, formed as a add:subsidiary in which you have an
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if:
include any subsidiary that is an (1) The agreement requires you to"insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor andsuch a policy but for its termination or (2) The "auto" is leased without a driver.the exhaustion of its Limit of Insurance.
Such a leased "auto" will be considered a (2) Any organization that is acquired or covered "auto" you own and not a covered formed by you and over which you "auto" you hire.maintain majority ownership. However,
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a writtenpolicy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or (d) 180 days or more after its organization is an "insured", but only acquisition or formation by you, to the extent such person orunless you have given us notice of organization is liable for "bodilythe acquisition or formation. injury" or "property damage" causedCoverage does not apply to "bodily by the conduct of an "insured" under injury" or "property damage" that results paragraphs a. or b. of Who Is Anfrom an "accident" that occurred before Insured with regard to theyou formed or acquired the organization. ownership, maintenance or use of a B. Employees as Insureds covered "auto." Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 1 of 5of ISO Properties, Inc., with its permission.) 84UEGAC8323
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 30 E. Primary and Non-Contributory ifThe insurance afforded to any such Required by Contractadditional insured applies only if the "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the following provisions apply:(2) Subsequent to the execution of such written contract, and (3) Primary Insurance When Required By Contract(3) Prior to the expiration of the period
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also (2) How Limits Apply primary, we will share with all that otherIf you have agreed in a written contract insurance by the method described inor written agreement that another Other Insurance 5.d.person or organization be added as an (4) Primary And Non-Contributory To Otheradditional insured on your policy, the Insurance When Required By Contractmost we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance(a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement; or
insurance is primary and we will not(b) The Limits of Insurance shown in seek contribution from that otherthe Declarations. insurance.
Such amount shall be a part of and not (3) (4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredin the Declarations and described in this has been added as an additional insured.Section.
When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such otherthat this insurance is primary and non- insurance would pay for the loss in thecontributory with the additional insured's absence of this insurance; andown insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another
2. AUTOS RENTED BY EMPLOYEESperson or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 2 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 31 5 PHYSICAL DAMAGE - ADDITIONALIf an "employee’s" personal insurance also .
TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhired or rented by your "employee" on your
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee’s" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
6. LOAN/LEASE GAP COVERAGEEXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less If hired "autos" are covered "autos" for Liability any amounts representing taxes; overdueCoverage and if Comprehensive, Specified payments; penalties, interest or chargesCauses of Loss, or Collision coverages are resulting from overdue payments; additionalprovided under this Coverage Form for any mileage charges; excess wear and tear charges;"auto" you own, then the Physical Damage lease termination fees; security deposits not Coverages provided are extended to "autos" you returned by the lessor; costs for extendedhire or borrow, subject to the following limit. warranties, credit life Insurance, health, accidentThe most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverage is excess over any other collectible a. The exceptions to Paragraphs B.4 -insurance. Subject to the above limit, deductible EXCLUSIONS - of SECTION III - PHYSICAL and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:covered "auto" you own.
4.c. 4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solelyif it results from an "accident", you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is:"accident".
(1) Permanently installed in or upon This extension of coverage does not apply to the covered "auto";any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 3 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 32 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies:
b.Section III – Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. -solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESSthat reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an "accident" applies only when the "accident" istime of "loss", is: known to:
(1) Permanently installed in or upon (1) You, if you are an individual;the covered "auto" in a housing, (2) A partner, if you are a partnership;opening or other location that is not normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or
such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3) An integral part of such equipment. existing at the inception date of your policy, we c. For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORYstolen electronic equipment will be reduced by Paragraph e. of GENERAL CONDITIONS 7. -the applicable deductible shown in the POLICY PERIOD, COVERAGE TERRITORY -Declarations, or $250, whichever deductible is of SECTION IV - BUSINESS AUTO less.
CONDITIONS is replaced by the following:9. EXTRA EXPENSE - BROADENED e. For short-term hired "autos", the coverageCOVERAGE
territory with respect to Liability Coverage isUnder Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if theIII - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto" to you. determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States ofUnder Paragraph D. - DEDUCTIBLE - of SECTION America, Puerto Rico or Canada or in a III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to.following is added:
15. WAIVER OF SUBROGATIONNo deductible applies to glass damage if the glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV -11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnder Paragraph D. - DEDUCTIBLE - of SECTION adding the following:III - PHYSICAL DAMAGE COVERAGE, the following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 4 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 33 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos"Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas.disease sustained by any person, including mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
electric motors; and that uses the internal17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGEnonpayment of premium, we will mail or deliver In the event of a total loss to an "auto" for whichto the first Named Insured written notice of Comprehensive, Specified Causes of Loss, orcancellation at least 60 days before the effective Collision coverages are provided under thisdate of cancellation.
Coverage Form, then such Physical Damage18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at theLoss, or Collision coverages are provided under time of total loss. Regardless of the number ofthis Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 5 of 5of ISO Properties, Inc., with its permission.) DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 34 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b
) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 35 BUSINESS LIABILITY COVERAGE FORM
(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).
4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.
5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6.
Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 36 BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpac
ked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 37 BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 38 BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with
4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.
1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.
The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.
Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 39 BUSINESS LIABILITY COVERAGE FORM
(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.
No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.
You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:
Form SS 00 08 04 05 Page 15 of 24
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 40 BUSINESS LIABILITY COVERAGE FORM
f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.
That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By
accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 41 BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
3ROLF\
84SBWBH0346
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 42 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
84WEGAK3JUW
02/09/2023
Filippin Engineering Inc
354-D S. Fairview Ave., Suite: D
Goleta, CA 93117
02/09/2024
DocuSign Envelope ID: 38CBB563-E578-469A-A65C-CE2B3195E490 43