Loading...
HomeMy WebLinkAboutHeritage Architecture and Planning; 2021-04-06; PSA21-1415FACDocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351871964CE5 PSA21-1415FAC AGREEMENT FOR LEO CARRILLO RANCH - ROOF REPAIR DESIGN SERVICES HERITAGE ARCHITECTURE & PLANNING THIS AGREEMENT is made and entered into as of the 6th day of April , 2021, by and between the City of Carlsbad, a municipal corporation, ("City''), and Heritage Architecture & Planning, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in professional services. 8. Contractor has the necessary experience in providing professional services and advice related to professional services. C. Contractor has submitted a proposal to City under RFP21-1333FAC and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one hundred three thousand three hundred dollars ($103,300). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifty thousand dollars ($50,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 6/12/18 1 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 6112/18 3 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351671964CE5 PSA21-1415FAC 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. III City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351671964CE5 PSA21-1415FAC For City For Contractor Name Steven Stewart Name David Marshall Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-7543 Title Project Manager Address 832 Fifth Avenue San Diego, CA 92101 Phone No. 619-239-7888 Email david@heritagearchitecture.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. 17.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes No E 18.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. lithe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC 21.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24.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. 25.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351671964CE5 PSA21-1415FAC and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. 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. III III ill III III III III III III III III III Iii III III III III City Attorney Approved Version 6/12/18 7 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351871964CE5 PSA21-1415FAC 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal HERITAGE ARCHITECTURE & corporation of the State of California PLANNING, a California corporation By: Owij. iturstutl. By: (sign here) Paul David Marshall, President & CEO (print name/title) Matt Hall, Mayor By: (sign here) Joy A. Guevara, CFO (print name/title) ATTEST: 7/fte.. 6. for for Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation, APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -14 Assistant City Attorney City Attorney Approved Version 6/12/18 8 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide design services as noted in the attached proposal dated February 9, 2021. Unit prices noted below are not to exceed amounts, all work will be billed on a time and materials basis using the rates established in the attached proposal. Item Description Qty Unit Unit Price Extended Total Task 1 Review Conditions Assessment Report 1 Lot $3,700 $3,700 Task 2 Inspect Buildings to Assess Roof Conditions 1 Lot $11,880 $11,880 Task 3 Develop Design and Construction Documents 1 Lot $51,620 $51,620 Task 4 Provide Construction Administration Services 1 Lot $14,500 $14,500 Task 5 Cost Estimating 1 Lot $13,300 $13,300 A Structural Consultant Review 1 Lot $5,000 $5,000 B Reimbursable Expense Allowance 1 Lot $800 $800 Additional Services 1 Lateral Roof Diaphragm / Seismic Anchoring 1 Lot $2,500 $2,500 TOTAL: $103,300 City Attorney Approved Version 6/12/18 9 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21 -141 5FAC Exhibit "A" HERITAGE Al2CHITECTURE A PLANNING February 9, 2021 Facilities Engineering Division Public Works, Fleet & Facilities Department 1635 Faraday Carlsbad, CA 92008 Attn: Steven Stewart, CCM Subject: Leo Carrillo Ranch HAP #2020.063 Roof Repair Design Services Dear Mr. Stewart: Thank you for inviting Heritage Architecture & Planning to submit this revised proposal for the Leo Carrillo Ranch Roof Repair project. Endosed please find a summary of our proposed fees for this project. As requested, we have added Building Cost Group (BCG) to provide construction cost estimating at 50% and the final stage of design. Reimbursables expenses were previously included. If you have any questions or require additional information, please call me at (619) 239-7888. Thank you for your consideration. Sincerely, Ad/44, 097 David Marshall, AIA, NCARB President C24785 AL\Propusals \ 2020 \ 2020.063 - Len Carrillo Ranch Repair Design Services .1 I'mposai \HAP prcposdl 02,09-21 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 1TERTTAGRARCHTTECTURE.COM FAX: 619.234.6286 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC Exhibit "A" HER IITAGE ARCHITECTURE .q< PLANNING LEO CARRILLO RANCH Roof Repair Design Services February 9,2021 Page 2 PROPOSED FEES The following is a breakdown of fees for the proposed project. TASK Task 1 R T1- Review of Conditions Ass es sme nt Report •Senior Principal $ 250 •Project Architect $ 200 Total for Task I HOLES 2 16 FEE $ 500 $ 3,200 $ 3,700 Task 2 Inspect Buildings to Assess Roof Conditions •Senior Principal $ 250 4 1,000 •Project Architect $ 200 32 6,400 •Draftsperson $ 140 32 4,480 Total for Task 2 11,880 Task 3 Construction Documents •Senior Principal $ 250 10 2,500 •Project Architect $ 200 100 20,000 •Draftsperson $ 140 208 29,120 Total for Task 3 51,620 Task 4 Construction Administration Services •Senior Principal $ 250 10 2,500 •Project Architect $ 200 60 12,000 Total for Task 4 14,500 Task 5 Construction Cost Estimating •Senior Principal S 250 2 • SOO •Project Architect 200 4 800 •Building Construction Group 12,000 Total for Task 5 13,300 Structural Consultant: Melvyn Green and Associates S 5,000 Reimbursable Expenses S 800 TOTAL $ 100,800 Lateral Roof Diaphragm and Seismic Anchorage for Roof Framing Structural Consultant: Melvyn Green and Associates 2,500 Total for Task 2,500 GRAND TOTAL $ 103,300 832 FIFTH AVEN1M, SAN DTFGO, CA 92101 TF,I.: 619.239.7888 HERLIAGE-.ARCHITECLIJR.E.COM FAX: 619.23C6286 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC Exhibit "A" HERITAGE ARCHITECTURE 8, PLANNING LEO CARRILLO RANCH Roof Repair Design Services February 9, 2021 Page 3 SCHEDULE OF FEES Job Description Hourly Rates Principal $250.00/Hour Project Manager/Architect $200.00/Hour Project Historian/Architectural Historian $200.00/Hour Specification Writer $160.00/Hour Designer/Draftsperson $140.00 / Hour Field Assistant $120.00/Hour Research Assistant $100.00/Hour Clerical $100.00/Hour General Terms Hourly rates include proVisions for normal overhead costs including benefits, office rental, utilities, insurance, clerical services, and equipment. Reproduction, blueprinting, long distance telephone calls, travel outside of San Diego County, and other non-labor direct costs are billed at cost plus 15%. Automobile travel outside a 30 mile radius from Heritage's office will he billed at the most current IRS Standard Mileage Rate (SMR). Other Consultants Employed by the Client Coordination of services from consultants employed by the Client usually generates additional coordination work for Heritage Architecture & Planning, not included in the fee. Heritage will provide a separate fee proposal to the Client if additional coordination is necessary. Terms of Payment All fees are fixed lump sum unless noted otherwise and will be billed monthly by percentage complete. Payment for services is due upon presentation of the invoice. The schedule of fees is valid for 12 months. Payments for services tendered and for reimbursable expenses incurred shall be made monthly upon presentation of the Architect's statement of services. 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 HERIT.AGE_ARCHITECfUltE.COM FAX: 619.234.6286 DocuSign Envelope ID: 207ADDB9-6387-4C7D-B6A0-351B71964CE5 PSA21-1415FAC Exhibit "A" HERITAGE ARCHITECTURE & PLANNING LEO CARRILLO RANCH Roof Repair Design Services February 9, 2021 Page 4 Reimbursable Expenses Reimbursable Expenses described below shall occur, as necessary, and be billed by the Architect on an itemized statement specifying the type of service and/or the material provided, copies of receipts, if applicable, the position of the person providing the service, the person's hourly rate, the time spent and the cost incurred to provide the service. Funding for the reimbursable expenses is provided to pay the Architect for the various duties described below that do not lend themselves to precise estimation on a lump sum basis, and for that reason is not included in the Basic Services. Reimbursable Expenses, however, are essential to aid the Architect in the performance of the Basic Services and Additional Services; when authorized. •Printing and reproduction as required by the Consultant •Automobile Mileage/Travel related costs •Long distance telephone/fax •Equipment rental •Report reproduction and expendable supplies (data duplication, historic maps, historic photographs, field maps, and graphics supplies). Additional Services The following services are available at an additional fee. This fee can be determined once the scope of work is further defined. •Additional meetings beyond those listed in the scope. •Additional submittals beyond those listed in the scope. •Additional drawings beyond those listed in the scope. •Architectural renderings and presentations. •Mechanical, plumbing, and electrical engineering services. •Landscape, planting, and irrigation design. •As-built Record Drawings 832 FIFTH AVENUE, SAN DIEGO, CA 92101 TEL: 619.239.7888 FTERTTAGBARCHI rECTURE.CON. FAX: 619.234.6286 HERIARC-01 GOMEZB A.COR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 311012021 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 10A Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 INSURED Heritage Architecture & Planning 633 5th Avenue San Diego, CA 92101 CONTACT Elizabeth Tenuto NAME PHONE (A/C, No, Ext): (858) 754-0071 E-MAIL Elizabeth.Tenuto@ ADDRESS: FAX (NC, No): oausa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Travelers Property Casualty Company of America 25674 INSURER B: U.S. St ecialty Insurance Company 29599 INSURER C INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH 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 LTR TYPE OF INSURANCE ADOL INSD SUER POLICY EFF VvVD POLICY NUMBER iMMIDD/YYYY1 POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000,000 CLAIMS-MADE X OCCUR X x 680-1H943129 9/1/2020 9/1/2021 DAMAGE TO RENTED PREIOISES (Ea occurrence) 1,000,000 MED EXP (Any one person) 5,000 $ PERSONAL & ADV INJURY 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 $ POLICY X gar, LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _(Ea accident) $ ANY AUTO X 680-1H 943129 9/1/2020 9/1/2021 BODILY INJURY_(Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X .'' AUTOS ONLY X _ NON-OWNED AUTOS ONLY PROPERTY DAMAGE /Per accident) $ x ttgio. Owned CSL = Included $ A X . uMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS UAB CLAIMS-MADE CUP-5C89708A 9/1/2020 9/1/2021 AGGREGATE 2,000,000 $ . I DEO TIC FFETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER X a 0TH-ER Y IN X UB-4J467287 9/1/2020 PROPRIETOR/PARTNER/EXECUTIVE 1--. 9/1/2021 E.L. EACH ACCIDENT 1,000,000 N / A OFFICER/MEMBER OFFICEREMSER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 S B B Prof LiabiClms Made Dad.: $10K Per Claim USS 20 30806 USS 20 30806 5/13/2020 5/13/2020 5/13/2021 5/13/2021 Per Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations 'The City of Carlsbad is Additional Insured with respect to General/Hired & Non-Owned Auto Liability per the attached endorsement 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 CANCELLATION City of CarlshadICNIWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 IMurrieta, CA 92664 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 ----. /7) ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Heritage Architecture & Planning Policy Number: 6801H943129 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omissions of such person or organization; or d.For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.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 Coverage Part. f.This insurance does not apply to the rendering of or failure to render any "professional services". 9. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section 1Ff — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and inclUded in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then . the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG 03 81 09 15 @2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: 1Ne waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and In effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed; a.After you have signed that written contract; b.While that part of the written contract is in effect; and c.Before the end of the policy period, Page 2 of 2 0 2015 The Travelers indemnity Company. All rights reserved. CG D3 81 09 18 Includes the copyrighted material of Insurance Services Office, Inc., with its permission TRAVELERrC' ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 09 03 76 ( A) POLICY NUMBER: DE-4,3467287-1.7-47-G Named Insured: Heritage Architecture & Planning WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 3 .00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE TNSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. ARCHITECTS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.