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HomeMy WebLinkAboutFerguson Pape Baldwin Architects inc; 2018-11-28; PSA19-612CAMASTER AGREEMENT FOR INTERIOR DESIGN SERVICES FERGUSON PAPE BALDWIN ARCHITECTS, INC. PSA 19-612CA )~S AGREEMENT is made and entered into as of the '2-q tk day of 1-, ~YV\~ 2018, by and between the City of Carlsbad, a municipal corporation, ("City"), and Ferguson Pape Baldwin Architects, Inc., a California corporation, hereinafter referred to as "Contractor." RECITALS A. The City requires the professional services of a consulting firm that is experienced in interior design services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to interior design services. D. Contractor has submitted a proposal to the City under Request for Qualifications (RFQ) No. 18-05, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Contractor agree as follows: 1. scopE Of WORK The City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD Of PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from December 1, 2018, through November 30, 2021. The City Manager may amend the Agreement to extend it for one (1) additional one ( 1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, the City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by the City inaction or other agencies' lack of timely action. City Attorney Approved Version 6/12/18 PSA19-612CA 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed one hundred fifty thousand dollars ($150,000) per Agreement term. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, the City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for the City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor will be under control of the City only as to the result to be accomplished, but will consult with the City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of the City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. The City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. The City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify the City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, the City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of the City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and the City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by the City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INPEMNIEICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 6/12/18 2 PSA 19-612CA In no event shall the cost to defend exceed the contractor's proportionate percentage of fault. The parties expressly agree that any payment, attorney's fee, costs or expense the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 1 o. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI} with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. The City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for the City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to the City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 PSA19-612CA 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to the City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to the City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to the City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then the City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by the City to obtain or maintain insurance and the City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. The City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS UCENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP Of DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to the City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in the City and Contractor relinquishes all claims to the copyrights in favor of the City. Ill Ill Ill City Attorney Approved Version 6/12/18 4 PSA19-612CA 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of the Contractor under this Agreement. For City Name Eleida Felix Yackel Title Senior Contract Administrator Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2767 For Contractor Name Amanda Schultz Title Project Manager 4499 Ruffin Road Address Suite 300 San Diego, CA 92123 Phone No. 619-231-0751 Email aschultz@fpbacrch.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFUCT Of INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesOO No D 17. GENERAL COMPLIANCE WIJH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. QISCRIMINATIQN AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or the City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained City Attorney Approved Version 6/12/18 5 PSA19-612CA is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If the City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by the City and all work in progress to the City address contained in this Agreement. The City will make a determination of fact based upon the work product delivered to the City and of the percentage of work that Contractor has performed which is usable and of worth to the City in having the Agreement completed. Based upon that finding the City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of the City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to the City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. The City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to the City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for the City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA19-612CA 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon the City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of the City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. pusuc AGENCY CLAUSE Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its governing body, shall have the option to participate in this contract at the same prices, terms, and conditions. If another public agency chooses to participate, the term shall be for the term of this contract, and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely responsible for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible, for any obligations, including but not limited to financial responsibility, in connection with participation by another public agency. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA19-612CA 27. AUJHPBIIY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this _____ day of __________ , 2018. CGNTRACTOR Ferguson Pape Baldwin Architects, Inc., a California corporation ~ A"'1A-Nt>A ~Lj-Z./\J\CE ~~ C,~~ (print nanfe/title} By~-0.1 W ~gnhere) CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor ATTEST: If required by the City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group a Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~t'2# City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE Of SERVICES Perform a variety of interior design services related tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA) related to the following: A. Colorist B. Furniture Standardization C. Finish Selection PSA19-612CA Requests for work not listed above must be contracted under separate agreement. City Attorney Approved Version 6/12/18 9 --FERGUSON PAPE BALDWIN ARCH!TE:CTS PSA19-612CA S'CHEDtll.E OF"H0URL'(BILLING RATES·;· ~--~ ,,,=:· ;;~='..·:w-.,,.,;:;~· .,.,.=::,,;.: (Effective November 1, 2017 through December 1, 2021) Title Officers Principal Project Manager Sr. Project Architect/Sr.Designer Project Architect Sr. Job Captain / Designer II Job Captain / Designer I Drafter Clerical Staff Name(s) Philip Pape Amanda Schultz Ann Shelton Jennifer Macdonald Sarah Brooks Rate $215.00 195.00 185.00 160.00 140.00 130.00 115.00 95.00 70.00 When authorized by the Owner in writing, expense of overtime work will be billed higher than regular rates. Reimbursable Expenses Reimbursable expenses are actual expenses made by the Architect, the Architect's employees and consultants in the interest of the Project and include, but are not limited to the following expenses: 1. Expenses of transportation in connection with the Project; living expenses in connection with out-of-town travel and long distance communications, as approved by, and negotiated with Owner. 2. Expenses of reproductions including plotting/printing of CAD files, renderings and other electronic data, postage, permit processing service, delivery and handling of drawings and other documents. 3. Expenses for hiring a Permit Processing Consultant to assist with Building Permit plan check and other regulatory related services. Reimbursable expenses shall be billed at cost+ 10% administration costs. James Ferguson President Philip Pape Ex:ecutive Vice President Andrew Darragh Executive Vice President Daniel Rosenberg Vice President 4499 Ruffin Road Suite 300 San Diego CA 92123 819 231 0751 Fax 619 231 4396 www.fpbarch.com 10 Amanda Schultz Jeana Renger Vice President Vice President CLASSIFICATION Principal III Principal II / General Manager Principal I Senior Discipline Manager Senior Discipline Engineer Senior Engineer Engineer III Engineer II Engineer I Engineering Intern Senior Engineering Tech Engineering Tech III Engineering Tech II Engineering Tech I Senior Designer Designer III Designer II Designer I Drafter II Drafter I Administrative Supervisor 1 Clerical COFFMAN ENGINEERS HOURLY BILLING RATES Effective January 2018 STRUCTURAL ELECTRICAL $260 I - -- $220 $227 $210 $225 $195 $223 $175 $196 $145 I $155 I $135 $140 $115 $121 $77 $77 I -- -- -- -- $140 $140 $120 $125 $105 $120 $100 I $100 i $95 $95 $74 $74 $79 $79 $69 $69 These rates are effective through December 2021 1:\01 GE:IIIEAAL CW:ACE\O1 Star.dard Office Forms\O1 Agreement 4nd Propo~I klrms\04 St:irwbtd Hourty R:ltC$\Coffrral"I KOurly lbt~\2013 CEI SO Kourty Billlng Rates.doc FIRE PROTECTION &CODE - $265 $250 $245 $235 $210 $180 $155 $135 $77 $205 $120 $110 $100 $140 $125 $120 $100 $95 $74 $79 $69 SAN DIEGO I 1301 Third Avenue.Suite 300 I San Diego.CA 92101 j 61'1.232.4673 LASTING creooivity I re,ut.s I ~1.>.<Jonsh;p, www.coffman.com 11 Hourly Rate Schedule KPFF San Diego City of Carlsbad RFQ 18-05 Master Agreement Consultant Services PRINCIPAL SENIOR PROJECT MANAGER PROJECT MANAGER PROJECT ENGINEER DESIGN ENGINEER PROJECT DRAFTER DRAFTER/CAO OPERATOR ADMINISTRATIVE/SECRETARY PSA 19-612CA kpff $236.00 $210.00 $189.00 $158.00 $137.00 $173.00 $142.00 $100.00 12 Structural Engineers RATE SCHEDULE Effective 1/1/2017 Principal Principal Associate Sr. Structural Engineer Project Manager Engineer Designer Sr. Technician Technician Clerical $ 185/Hr $ 145/Hr $ 140/Hr $ 130/Hr $ 120/Hr $ 100/Hr $ 90/Hr $ 85/Hr $ 60/Hr 5550 Baltimore Drive, Suite 100, La Mesa. California 91942 Tel: (619) 687-3810 13 PSA 19-612CA Office Principal Engineer Associate Engineer Staff Engineer FEE SCHEDULE Structural Engineering SeNices Sr. Drafter I Sr. Engineering Technician Drafter Clerical Support PSA19-612CA ~ PRIME Lr~ STRUCTURAL ~ ENGINEERS Rate/Hour $150.00 $125.00 $100.00 $80.00 $75.00 $45.00 13272 Jacaranda Blossom Drive, Valley Center, CA 92082 Tel: (760)751-3300, E-mail: prime@pse-sd.com 14 WISEMAN + ROHY Structural Engineers SCHEDULE OF CHARGES JANUARY 1, 2018 TO DECEMBER 31, 2018 Principal Engineer Managing Senior Engineer Project Engineer V Project Engineer IV Project Engineer Ill Project Engineer II Project Engineer I Managing Sr. Drafter Project Drafter II Proiect Drafter I Administrative/Clerical 15 225/hour 206/hour 188/hour 168/hour 152/hour 138/hour 123/hour 119/hour 113/hour 107 /hour 69/hour PSA 19-612CA WISEMAN + ROHY Structural Engineers SCHEDULE OF CHARGES JANUARY 1, 2019 TO DECEMBER 31, 2021 Principal Engineer 235/hour Managing Senior Engineer 214/hour Project Engineer V 196/hour Project Engineer IV 174/hour Project Engineer Ill 158/hour Project Engineer II 144/hour Project Engineer I 128/hour Managing Sr. Drafter 123/hour Project Drafter II 117/hour Project Drafter I 111/hour Administrative/Clerical 71/hour 16 ---~·--·-··-···-· PSA 19-612CA PSA19-612CA AI'HTK STRUCTURAL ENGINEERS, LLP FEE SCHEDULE Principal $170/Hour Associate $105/Hour Project Manager $95/Hour Project Engineer $80/Hour Design Engineer $65/Hour CAD /Drafting Manager $75/Hour Senior Draftsperson $65/Hour Draftsperson $40/Hour Administrative $35/Hour Expert Witness Research $175/Hour Depositions/ Litigation $275/Hour Reimbursables, including, but not limited to reproductive services (i.e. plans, prints, photocopies, *plotting, etc.), travel expenses, (airfare, car rental, meals, etc.) fax transmissions, express mail, and deliveries will be billed at cost+ 10 percent. *Plotting@$1.6/sheet for 36 x 24 & $2.3/sheet for 30 x 42 San Diego -14288 DaDielson Street, Suite # 200, Poway, CA 92064, (858) 679-8989, Faz (858) 679-8959 17 Principal Associate Project Manag.er Project Engineer Senior Designer Designer Administration $225 $175 $150 $125 $100 $ 85 $ 70 PSA 19-612CA PRINCIPALS PAUL F. McPARLANE. P.E. I JOHN H. McGEE I DOUGLAS R. ISAAKS, P.E. SENIOR ASSOCIATE: LYNN HOLMES ASSOCIATE: KEN McCLENDON San Diego 4830 Viewridge Avenue, Ste. A, San Diego, California 92123 Ph (858) 2n-9721 • FAX (858) 2n-9760 • email@mcpartane.com 18 Orange County 2 South Pointe Drive, Suite 180, Lake Forest, California 92630 Ph (949) 296-3136 • FAX (949) 296-3137 • email@mcpartane.com ELEN personnel billing rates: Principal Engineer (PR) ....................................................................................................................... $200.00 Senior Engineer (PE) ....................................................... , ................................................................... $150.00 Engineer (EN) ..................................................................................................................................... $130.00 Senior Designer (SD) ......................................................................................................................... $ 100.00 Designer (DE) ....................................................................................................................................... $80.00 CADD Operator (DR) ............................................................................................................................ $70.00 Clerical (CL) .......................................................................................................................................... $60.00 elluminet personnel billing rates: Principal (PR) ...................................................................................................................................... $200.00 Certified Lighting Designer (LC) .......................................................................................................... $150.00 Lighting Designer {LO) ........................................................................................................................ $120.00 CADD Operator (DR) ............................................................................................................................ $70.00 Clerical (CL) .......................................................................................................................................... $60.00 S150 CHESAPEAKE DRIVE· STE 220 -SAN DIE60. CA 92123 OFFICE: {61S) 550.1085 WWW. EI.ENCONSULTI NG.C.O M 19 CONSULTING GROUP PSA19-612CA ENGINEERING, DESIGN, CONSULTANCY, AND PROJECT MANAGEMENT FEE SCHEDULE ADMINISTRATION s 55 CAD DRAFTER (AUTOCAD, VISIO) s 85 CAD DRAFTER (REVIT / AUTO CAD MEP) s 105 JR. DESIGNER s 95 SR. DESIGNER s 105 JUNIOR ENGINEER s 105 SR. ENGINEER S 140 DISCIPLINE SPECIALIST I $ 120 DISCIPLINE SPECIALIST II S 140 SR. DISCIPLINE SPECIALIST $ 165 PROJECT MANAGER $ 120 SR. PROJECT MANAGER $ l.40 ASSOCIATE $ 155 -PRINCIPAL $ 185 GENERAL. BUSINESS EXPENSES ANO TRAVEL 1 Minimum billing per purchase order task is four (4) hours. 2 Hours worked, per employee, over 8 hours/day or 40 hours/week sha II not be billed at a rate other than scheduled above. 3 Project subcontractor contracts shall be charged at cost plus a 10% management fee. 4 Project specific equipment, material, etc. will be billed at cost plus 10%. 5 For business travel, time charged shall begin at the time of departure and shall end at the time of return home orto office. 6 For personal vehicle use for business travel, mileage shall be billed to the client at current IRS rates. 7 For rental vehide use for business travel, the rental vehicle and fuel costs, only, shall be billed to the client at cost. EFFECTIVE 2018 -2021 8 For business travel exceeding one (1) day, meal expenses shall be billed to the client at cost per the CGK Corporate Expense Policy. 9 For business travel, hotel lodging shall be billed to the client at cost perthe CGK Corporate Expense Policy. 10 For business travel, airfare shall be billed to the client at cost perthe CGK Corporate Expense Policy. CGK Consulting Group, Inc. 7968 Arjons Drive Suite A112, San Diego, CA 92126 IT (858) 598-4867 I F (858) 244-1399 J www.cgk-consulting.com 20 Consultfog Engineers, Inc. June 18, 2018 1044 Pioneer Way, Suite E El Cajon, CA 92021 Tel: 619.334-6020 E-mail: rbertalan@rbcengineers.com Engineering Hourly Design Services PSA 19-612CA Amanda Schultz FERGUSON PAPE BALDWIN ARCHITECTS 4499 Ruffin Road San Diego, CA 92123 RB Consulting Engineers Inc. is pleased to submit the following Engineering Hourly Design proposal for the City of earls bad As-Needed Services as outlined below: I. FEE SCHEDULE FEE SCHEDULE PRINCIPAL ENGINEER ASSOCIATE PROJECT MANAGER ENGINEER · DES1GNER REVIT DESIGNER CAD CLERICAL $180.00 PER HOUR $150.00 PER HOUR $135.00 PER HOUR $120.00 PER HOUR $100.00 PER HOUR $85.00 PER HOUR $60.00 PER HOUR A. The fee will be submitted on a monthly basis by RB Consulting Engineers for services rendered and cost incurred. B. Net 30 days on payment of submitted Invoice. C. RB Consulting has no obligation to perform Engineering Services in the event of payment delay beyond 45 days. 11. EXPENSES A. Tier Sub-Contractor to be charged at 10% markup. B. Shipping to be charged at 10% markup. C. In-House Large Format Printing 0.55 cents per square foot. D. Vehicle Travel per Standard Mileage Rate. E. Business Travel (Airfare/Lodging/Meals/Rental Car/Etc.) billed at cost. Page 11 RB Consulting Engineers, Inc. 21 Ms. Amanda Shultz, Architect, LEED AP BD+C, DBIA~ .. Ferguson Pape Baldwin Architects 4499 Ruffin Road San Diego, CA 92029 SUBJECT: Standard Electrical Billing Rates Dear Ms. Shultz PSA 19-612CA RIZZA ENGINEERING, INC. £MPOW£RING TH£ BUILT ENVIRONMENT June 13, 2018 Per your request, please find below our hourly rate schedule for Electrical Engineering professional services. Feel free to contact me with any questions. Principal $ 240 per hour Sr. Associate $ 230 per hour Associate $ 220 per hour Project Manager $ 205 per hour Sr. Engineer/QA/QC $ 180 per hour Engineer $ 165 per hour Lighting Designer $ 155 per hour Senior Designer $ 160 per hour Designer $ 130 per hour Jr. Designer/CAD Manager $ 130 per hour SIM Specialist $ 130 per hour CAD Operator $ 120 per hour Administrative Assistant $ 80 per hour /-···: Sincerely, / .-' ,..... ../----·, --... ~· ·,,,..,. ~ // ;·· //--><' _____ .... -- ,1 I /_ .. .},,-/ ••• ~~ ,.,,,_.( ~-,;,,....,.-·· /-". Micha-~ A.l1Rizza, PE, LE1:b AR ·, Principal a~d President/C.l;_Q/ Rizza Engin'eering, Inc. 12320 Stowe Drive, Suite C [ Poway, CA 92064 I (858) 939-9100 Page 1 of 1 22 www.rizzaengineering.com PSA 19-612CA u > z f < l: 0 u J: ~ u w I-<( = ::> I-w I- ~ ..J :QLAS~IFlCATION. RATE/HR l.5 SUSTAINABILITY CONSULTING ~ 0) ... ~ ~ ~ .Q "" Senior Vice President $292 Energy Modeling $159 -$249 ,:::: .!:i "' :::, ., "' '-~ "' Project Manager $218-$249 Lighting Design $159-$244 ... 0) 0) c:: C> c:: Cl) Designer $159 -$212 Commissioning $159 -$249 PROJECT ADMINISTRATION CAD $122 -$159 ;\:1$239 .. , Project Administration $159 : EFFECTIVE JUNE 2018 TO DECEMBER 2021 23 PSA 19-612CA HOURLY RATE SCHEDULE nlC'r ENGINEERS FEE RATE SCHEDULE Rate Category Hourly Rate Principal $215 Project Manager $165 Staff Engineer $125 Designer $95 Drafting $65 Word Processing $55 The proposed rate includes DEC Engineers, Inc, direct consulting services. The cost of printing, copying, travel to the job site, long distance telephone costs associated with a project and other direct project costs are not included. Travel costs to the job will be billed at $.65 per mile for automobile usage. Other costs shall be billed at actual costs, plus 10%. Effective Date: January 1, 2018 24 THE ENGINEERING PARTNERS, INC CONSULTING ENGINEERS 9565 WAPLES STREET, SUITE 100 SAN DIEGO, CA 92121 (858) 824-1761 FAX (858) 824-1768 FEE RATE SCHEDULE PSA19-612CA Rate Category Hourly Rate Principal Engineer $195 Senior Engineer/Project Manager $150 Staff Engineer/Engineer (P.E.) $135 s~~~;~sm~~ij;:i~sn~1~l.t:Sl3:eciaJisttA.ssec'i,ate¼t~i~0.~i1f'iit1~aile.~1:i~:iii~lf.t1;~fi~M~\~i$~~,~ Designer/Technical Specialist/Associate Engineer $105 Project Coordinator $ 95 Clerical $ 70 25 PSA 19-612CA 6 RANDALL LAMB EXHIBIT-8 Bl LUNG RATE SCHEDULE Principal ....... 1 ••••••••••••••••••••••••••••••••••••••••••••••• $250.00/hour Senior Project Manager ................................. $200.00/hour Project Manager .......................................... $175.00/hour Senior Engineer ........................................... $150.00/hour Project Designer .......................................... $150.00/hour Engineer ...................................................... $125.00/hour Senior Designer ........................................... $125.00/hour Designer ...................................................... $100.00/hour CAD Drafter ................................................... $75.00/hour Administrative ............................................... $65.00/hour Consultant shall be paid for Reimbursable Expenses at their direct costs plus 10%. Such payments will be in addition to payments for Engineering Services. Payment shall be made only if such expenses are incurred. Travel time at the client's request will be charged at the hourly rates specified above. The maximum travel time charge per day will be eight hours. Reimbursable automobile mileage will be billed at $0.545 per mile. This rate schedule is effective through December 1, 2021. --------------·-·---·-------------------· ------------------·---------- Page B-1 26 HOURLY PROFESSIONAL MECHANICAL ENGINEERING SERVICES Principal ____________ $195.00 Associate $170.00 Project Manager $150.00 Project Engineer $125.00 Senior Designer $100.00 Designer $85.00 CAD Operator $75.00 Administrative $70.00 CONSULTING MECHANICAL ENGINEERS PSA 19-612CA Principals Michael Akavan, PE, LEED AP Roy Campbell, PE, LEED AP Jerry Coult, CPD, LEED AP Daniel Grammier, PE, LEED AP Richard Hernandez, CPD, LEED AP Jerry lngwalson, CxA, LEED AP Tom lunneberg, PE, LEED AP BD+C, CxA David Noji, LEED AP Harold Stueven, PE Vincent Vegas, PE, CPD, LEED AP 5160 Carroll Canyon Rd, Suite 200, San Diego, California 9212~ 1 d'.>858.200.0030 © 858.200.0031 i www.ma-engr.com 27 MICHAB. WALL ENGINEERING Michael Wall Engineering Hourly Ra~e Schedule Effective January 1, 2018 Electrical Engineering Senior Principal Principal Senior Project Engineer Senior Technology Designer (RCDD) Senior Lighting Designer Lighting Designer Technology Designer Electrical Engineer Electrical Designer CAD Clerical 28 PSA 19-612CA Hourly Rate $250.00/hour $200.00/hour $150.00/hour $150.00/hour $150.00/hour $125.00/hour $125.00/hour $125.00/hour $100.00/hour $85.00/hour $65.00/hour PSA 19-612CA EILAR ASSOCIATES, INC. Acoustical and Environmental Consulting 210 South Juniper Street, Suite 100, Escondido, CA 92025 Phone: 760-738-5570 or 800-439-8205 • Fax: 760-738-5227 www.eilarassociates.com • info@eilarassociates.com FEE SCHEDULE Professional Services Acoustical Air Quality Biology Traffic $210 per hour Principal/ Senior Acoustical Consultant $185 per hour Acoustical Consultant II $175 per hour Acoustical Consultant I $ 85 per hour Clerical and Administrative Support 75% applicable staff rate for Travel Time or Stand-by Time $175 per hour $235 per hour $150 per hour $275 per hour $235 per hour $195 per hour $165 per hour $125 per hour Air Quality Specialist Senior Biologist Associate Biologist Principal Traffic Engineer Associate Principal Traffic Engineer, Traffic Planning/Design Manager Senior Transportation Engineer, Senior Transportation Planner Transportation Engineer, Transportation Planner Transportation Engineering Technical Support Other Services By Referral By Referral Archaeologist / Historian / Paleontologist CEQA / NEPA Consultant Acoustical Litigation Support $500 flat fee $265 per hour $210 per hour $210 per hour $195 per day Fee for designation or listing of Eilar Associates, Inc. (EA) and/or any staff member or sub-consultant in any role or capacity {expert witness, etc.}, to be applied to future invoices, but is non-refundable and any attorney or law firm so designating us, is additionally responsible for payments of all invoices and balances due. Court Testimony, Mediation or Depositions, and all time inside Courtroom Consultation, research, fieldwork, declarations, analysis, reports, etc. by expert (clerical & support staff rates as shown above) Stand-by time at court, mediation or depositions Daily on-call fee during court session Litigation rates for other environmental services may be provided upon request Acoustical Instrument Charges Client must provide adequate security for the instruments while on-site (for the term of the project), and self-insure or include the instruments on Client's insurance coverage in the amount of up to $2,500 per noise monitor unit to cover loss or damage. Detailed rates for unmanned noise monitors not included in agreement can be provided upon request Reimbursable Expenses CTime and Materials} • Mileage is charged at $0.60 per mile • Travel expenses {hotel, airfare, car rental, etc.) are charged at cost; $65 daily allowance on meals Additional Considerations • There is a minimum fee of $250 for any canceled services • A retainer is required at initiation of services, in an amount to be determined • Expedited services will incur an additional fee, to be quoted upon request • Services performed on weekends or during nighttime hours (assignments starting before 6 a.m. or after 6 p.m., or lasting beyond 10 p.m.) are subject to a 25% surcharge. Eilar Associates, Inc. Fee Schedule 1/22/18 29 MBO Inc. 4830 Viewridge Ave, Suite A San Diego, CA 92123 (858) 751-5702 www.mbol.com Position PSA19-612CA 6:30am -4:00pm Afterhours & Weekends =:'--=-·· :_. : ...... -. .:"-=··•·---'··i-'-: ~·'-•-... :..,_,;:.:,,;,,/=i~=tj· .... H-~--'-}p'-'-·. a~J..;.;-•·.-.:-"-: ~-'-"-"-'-'-'--.,_;__---'-----'" . -~-$i~s_-:.._.~-~-~-...... ----"""'-·-"-----'---------'"---._--~_,-•. ~_••~-~7~/-~F_?~$~~6~s_·:~' ~~~- PM/ex Authority/ Commissioning Engineer $150 $225 :,·· :·i .•. _. c~mm:f~siifrr1Dgifechnicia!l:':':i. _, ______ __ Clerical Prepared for: Amanda Schultz Ferguson Pape Baldwin Architects 4499 Ruffin Road San Diego, CA 92123 ASchultz@fpbarch.com 30 Issued 6.18.2018 DISCIPLINE Cost Management Services Managing Director/ Director/ Regional Director Associate Director Senior Cost Manager/ Senior MEP Cost Manager Cost Manager Assistant Cost Manager/ Estimating Technician/ Intern PSA19-612CA CUMMING Bull ding value Through Expcl'1ise HOURLY RATE $210.00 $185.00 $175.00 $165.00 $120.00 The above rates will be applicable from December 1, 2018 to December 1, 2021 www.ccorpusa.com 31 Hourly Billing Rates for 2018 -2021 Principal Project Manager Senior Estimator / MEP Estimator Senior Project Controller/ Senior Scheduler Estimator / Scheduler/ Project Con~oller Assistant Estimator/ Assistant Project Controller Administrative/ Technical Support Cheers Michael consultants more value, less risk Per Hour $220 $190 $185 $180 $175 $140 $90 SAN FRANCISCO I SAN DIEGO I SEATTLE I SACRAMENTO I LOS ALTOS I LOS ANGELES Michael Teggin, CPE Principal 9449 Balboa Avenue, #270 San Diego, CA 92123 www .tbdconsultants.com Tel ; 619 550 1187 san Diego office : 415 981 9430 San Francisco office Cell: 619 518 5648 1 32 PSA 19-612CA , FERGPAP-01 AUSTINA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0E67768 ij2~I~cT Erica Wilson IOA Insurance Services rt8.NJo, Ext): (858) 754-0063 50233 I r..e~.No):(619) 574-6288 4370 La Jolla Village Drive Suite 600 i~cf'~~ss: Erica.Wilson@ioausa.com San Diego, CA 92122 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Comoanv 13056 INSURED INSURER B: Lexinaton Insurance Comoanv 19437 Ferguson Pape Baldwin Architects, Inc. INSURER C: 4499 Ruffin Road INSURER D: San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~.~.P,; w,~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TIO A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 f--------D CLAIMS-MADE [!] OCCUR DAMAGE TO RENTED 1,000,000 X X PSB0002545 10/26/2018 10/26/2019 PREMIStS /Ea occurrence\ $ X Cont Liab/Sev of Int MED EXP /Anv one oerson\ $ 10,000 - PERSONAL & ADV INJURY $ 2,000,000 -4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY 0 j'r8i' • LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa accident' $ 1,000,000 ANY AUTO X PSA0002107 10/26/2018 10/26/2019 BODILY INJURY <Per oerson) $ f--------OWNED -SCHEDULED f--------AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident) $ X HIRED X ~8ro~'"mi~ fpfl,7~,\Wd~t~AMAGE $ AUTOS ONLY X No Co. Owned X Deductible: $0 Autos $ A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 -PSE0001809 10/26/2018 10/26/2019 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS" LIABILITY ER YIN X PSW0002135 09/01/2018 09/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, descrbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made 35713745 06/18/2018 06/18/2019 Per Claim 5,000,000 B Ded.: $35K Per Claim 35713745 06/18/2018 06/18/2019 Aggregate 5,000,000 OESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Master Agreement for Interior Design Services -PSA19-612CA City of Carlsbad/CMWD is Additional Insured with respect to General/Hired & Non-Owned Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 -ECM #35050 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I.~~~~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I j Named Insured: Ferguson Pape Baldwin Architects, Inc. Policy Number: PSB0002545 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION JI -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. ln the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in 0. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of ''your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB304 0212 Page 1 of 1 r Named Insured: Ferguson Pape Baldwin Architects, Inc. Policy Number: PSA0002107 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - LIABILITY Coverage, Paragraph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty {180) days following the acquisition or formation of the business entity. · This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The fol lowing is added to the SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against others To Us: . PPA 300 03 11 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident'! or "loss", provided that the "accident" or "loss• arises out of the operations contemplated by such contract The waiver applies only to the person or organization designated in such contract E. Employee Hired Autos 1. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the followtng are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any ''auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II -LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: Named Insured: Ferguson Pape Baldwin Architects, Inc. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Policy Number: PSW0002135 WC 040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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 __ % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement