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Delawie; 2023-05-24; PSA23-2179FAC
PSA23-2179FAC City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR PARAPET WALL DESIGN SERVICES DELAWIE THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Delawie, a California corporation ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in architectural design services. B.Contractor has the necessary experience in providing professional services and advice related to architectural design services. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be nineteen thousand nine hundred ten dollars ($19,910). The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 24th May PSA23-2179FAC City Attorney Approved Version 12/28/2022 2 The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 PSA23-2179FAC City Attorney Approved Version 12/28/2022 3 Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 PSA23-2179FAC City Attorney Approved Version 12/28/2022 4 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Steven Stewart Name Mike Asaro Title Municipal Projects Manager Title Project Manager Department Public Works Address 1515 Morena Blvd. City of Carlsbad San Diego, California 92110 Address 1635 Faraday Ave Phone No. 619-299-6690 Carlsbad, CA 92008 Email masaro@delawie.com Phone No. 442-339-2938 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 □ PSA23-2179FAC City Attorney Approved Version 12/28/2022 5 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 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 DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 PSA23-2179FAC City Attorney Approved Version 12/28/2022 6 Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 PSA23-2179FAC City Attorney Approved Version 12/28/2022 7 26.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California DELAWIE, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Frank Ternasky, Chairman (print name/title) By: (sign here) Michael L. Asaro, Chief Financial Officer (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 PSA23-2179FAC City Attorney Approved Version 12/28/2022 8 EXHIBIT “A” SCOPE OF SERVICES Item No. Description Price Architectural design services Roof parapet wall materials selection, design drawings and coordination $8,820 Structural design services Parapet wall anchoring design drawings and coordination $11,090 TOTAL PROPOSAL VALUE $19,910 DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 1515 Morena Boulevard San Diego, CA 92110 T 619.299.6690 www.delawie.com 3293 Pacific Avenue Long Beach, CA 90807 T 562.279.0050 Principals Michael L. Asaro, AIA, LEED AP Paul E. Schroeder, AIA, Associate DBIA Frank Ternasky, AIA, LEED AP Greg McClure, AIA, LEED AP BD+C David C. Irelan, Architect, LEED AP Alison N. Morita, Architect, LEED AP Michael McGuire, Architect Matthew Simon, AIA April 19, 2023 Steven Stewart, CCM, Assoc. DBIA Facilities Engineering Division Public Works, Fleet & Facilities Department 1635 Faraday, Carlsbad, CA 92008 Re: Professional Design Services Fee Proposal Carlsbad Fire Station #2 – Roof Top Screening 1906 Arenal Rd. Carlsbad, CA 92009 Delawie Project No. 23143 Dear Steve: Per your request we are submitting this design services proposal to perform the following scope of services on the subject project. Scope of Services: Architectural and Structural design for an approximately 4-ft high vertical screening element on the roof top of the recently completed Fire Station No. 2. Refer to Exhibit A for the preliminary design information developed to date. This work will be reviewed by the City of Carlsbad Building Dept. as a Construction Change utilizing the existing Building Permit for the construction of the facility completed under contract with Barnhart-Reese, Construction, Inc. A new Building Permit, Conditional Use Permit (CUP), or amendment to the existing CUP is not anticipated or included in our scope of work. Schedule: The schedule for the design work will be reviewed and mutually agreed upon by Owner and Delawie prior to the commencement of work. Compensation: Professional Fees Delawie and its consultant propose to perform these services on a Fixed Fee basis in the amount of Nineteen Thousand Nine Hundred Ten Dollars ($19,910). Architectural - Delawie $ 8,820 Structural – SMR $ 11,090 TOTAL $ 19,910 Delawie maintains a Professional Liability policy with limits of $2,000,000 per claim and $4,000,000 in the aggregate. PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 iJ delawie Architecture • Experience • Integrity City of Carlsbad Fee Proposal – Fire Station No. 2 Roof Screen April 19, 2023 Page 2 of 3 1515 Morena Boulevard San Diego, CA 92110 T 619.299.6690 www.delawie.com 3293 Pacific Avenue Long Beach, CA 90807 T 562.279.0050 Hourly Rates: Effective January 26, 2023 (Updated per Corporate Policy) Principal $ 295.00 Senior Associate $ 210.00 Associate $ 190.00 Design Quality Control Manager $ 185.00 Senior Project Manager $ 176.00 BIM Technology Manager $ 165.00 Project Manager $ 150.00 Architect $ 150.00 Job Captain $ 142.00 Intern III $ 128.00 Intern II $ 115.00 Intern I $ 98.00 Project Admin Support $ 85.00 Director of Interior Design $ 240.00 Senior Interior Designer $ 176.00 Interior Designer II $ 128.00 Interior Designer I $ 98.00 Reimbursable Expenses: Reimbursable expenses are in addition to the professional fees and are billed at cost x 1.10. Reimbursable expenses include: · Mail, delivery, and courier services. · Transportation costs including airfare, car service or mileage costs at the current IRS rate per mile. · Lodging and meals 50 miles outside of your workplace or your residence. · Food and beverages for Owner-requested meetings. · Long distance communication, conference call and web-based meeting charges. · Revit A360 cloud licenses for design team for length of the project or $85/mo. each licensed design team member. · Fees required by public authorities (Payment by Architect on a case-by-case basis and subject to interest charge). · Financial institution fees for wire transfers if requested by Owner. · Third party digital storage / management of project specific documents. · Digital services and reprographics for client reviews, agency submittals, contractor bidding and requests. · Reprographic and photographic expenses In-house pricing: · Large format printing / copies $15.00 per sheet · Medium format color copies (11” x 17”) $ 1.00 per sheet · Small format color copies (8-½” x 11”) $ .50 per sheet PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 City of Carlsbad Fee Proposal – Fire Station No. 2 Roof Screen April 19, 2023 Page 3 of 3 1515 Morena Boulevard San Diego, CA 92110 T 619.299.6690 www.delawie.com 3293 Pacific Avenue Long Beach, CA 90807 T 562.279.0050 Clarifications: Our fee is based on the clarifications listed below. The fee may decrease or increase according to the accuracy of the clarifications. 1. Architect is licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834. 2. Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. 3. It is our understanding that Delawie will be contracted directly by Client. 4. Client or the General Contractor will pay all permit fees, if required, directly to government agencies. 5. All consultants not mentioned above will be contracted directly with the Client or General Contractor. Delawie will work with all consultants hired by the Client to coordinate Delawie work with theirs. Delawie’s coordination of subcontractors and subconsultants is intended only to help avoid conflicts. Delawie has no responsibility or liability for any construction documents, calculations and/or specifications prepared by any subcontractors and subconsultants hired by the Client or General Contractor. 6. Any significant changes that occur after approvals for each phase are given, will be treated as an additional service. Fees for additional services shall be negotiated prior to commencement of work. 7. Client will retain the services of a qualified Testing Agency to perform all required testing. 8. All Discretionary permitting, such as Design Review Boards and Industrial Park Association approvals, will be handled on an Hourly basis and are not included in this proposal. 9. Any and all involvement with hazardous materials is excluded. 10. Sustainability consulting for the purposes of tracking and certifying the project are excluded. 11. Limited field verification for the production of electronic drawings to complete the design is included. Extensive as-built verification will be billed on a time and materials basis, if approved by the Client. 12. Professional project renderings are excluded. 13. Cost estimating services are excluded. We want to thank you for considering Delawie. Please contact me with any questions, clarifications, or requests for additional information. Respectfully submitted, Michael L. Asaro, AIA, Principal CA License No. C- 22519 Delawie Enclosures: SMR Proposal Exhibit A – Roof Screening Preliminary Design N:\20140\3.0_CONTRACTS\Carlsbad Roof Screen\FeeProp-Carlsbad FS No2 Roof Screen _2023-0419.docx PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 ABOVE: 3' SOLID CORRAGATED METAL SCREEN ON TOP OF GENERATOR WALL, WITH BRONZE PVDF HIGH-PERFORMANCE FINISH ABOVE: 40% PERFORATED METAL SCREEN TO EXTEND 5' ABOVE ROOF PARAPET, +/- 50' to 52' LONG, WITH WHITE PVDF HIGH-PERFORMANCE FINISH 5' tall screen 3' tall screen FIRE STATION 2 MECHANICAL SCREENING 2023.02.21 EGEN, stack extends above screen PSA23-2179FAC Exhibit "A" (Cont.) EXHIBIT A Not in Scope of Work DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 · • · ~~ ~Ill ~WJ D ffflfa r.1delawie LEVEL 01 0' -0" LEVEL 02 18' -0" TOP OF PARAPET 32' -6" X1 HEIGHT LIMIT 37' -0"389' - 6" +(85.9') 28 . 1 0 0 ' (114.0') 10 . 1 0 0 ' (96.0') 18 . 0 0 0 ' 10 . 1 0 0 ' 5. 1 0 0 ' (91.0') +(114.0') 5 f t 5' tall screen, 50'-52' long starting 10' from corner 10' - 0 " FIRE STATION 2 MECHANICAL SCREENING 2023.02.21PSA23-2179FAC Exhibit "A" (Cont.) EXHIBIT A DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 Line Path Polygon Cirde 30 path 30 polygon Measure the distance between two points on the ground Map Length: 389. 17 I Feet • I ~-----~ Ground Length: 389.50 Heading: 197.88 degrees @ Mouse Navigation '---=Sa_v_e _ _,I ... I -=Cl_ea_r _ _, iJdelawi.e --------- .250” dia. x .375” staggered 40% open area FIRE STATION 2 MECHANICAL SCREENING 2023.02.21 Hendrick BWK360 1 3 5 6 7 9 10 12 Y1 Y2 Y3 Y4 Y6 Y7 Y8 Y93 X1 W12X19 RJ-1 W14X68 RJ-1 RJ-1 W12X19 RJ-1 RJ-2 RJ-1 RJ-2 RJ-1 RJ-2 RJ-2 RJ-2 RJ-2 RJ-2 RJ-2 RJ-2 W16 RJ-2 RJ-2 X26 ' - 2 1/2"4' - 10 7/8" 5' - 8 1/2" 17' - 9" 47' - 6" 4' - 5 1/4" 6' - 5 3/4" 6' - 7 1/2" 4' - 4 5/8" 4' - 3" 4' - 3" 6' - 8 1/2" 6' - 8 1/2" 5' - 9" 5' - 9" 5' - 5 1/2" 3' - 0" 6' - 2" 6' - 3 1/4" 6' - 3 1/4" A1 S-201 A3 S-201 4 Y11 RJ-2 W 8X10 W8X10 W8X10 SOLAR PANEL ZONE B4 S-551 TY P. U.O.N. @ J OIST A4 S-551 TY P. U.O.N. B E T W N JOIST W8X10 W8X10 W 8X10 W8X10 W 8X10 W8X10 W 8X10 W 8X10 W8X10 W8X10 W8X10 W8X10 W8X10 W8X10 W8X10 W8X10 W8X10 HV-1 WT = 525 LBS AEF-1 WT = 300 LBS W8X10 VFR-1 WT=750 LBS VEF-1 WT = 200 LBS W8X10 6 (BELOW) 150 LBS FC 2-5 (BELOW) WT = 150 LBS FC 2-1 (BELOW) WT = 150 LBS FC 2-2 (BELOW) WT = 150 LBS 2' - 0" 2' - 0" A3 S-507 A3 B3 S-508 TYP. U.O.N. W8X10 T.O.S. EL.=29'-8 3/4" B3 S-551 TYP. @ JOIST U.O.N. B2 T.O.S. EL.=29'-9" W8X10 P3 P3 P3 P3 P2 P2 P2 P3 2 8 11 X2 Y10 Y5 C3 S-551 P3 W12X19* W8X10 W8X10 W8X10 W8 X 1 0 F.O.STUD1' - 0" CL. BEAM F.O.STUD 1' - 0" 1' - 0" F.O.STUD F.O.STUD CL. BEA M 1' - 0" O.S. =29'-11 7/8" J.B.E. EL.=29'-4 1/2" F.O. STU D F.O. STUD F.O. STUD F.O. STUD W8X10* P3 RJ-22' - 0" W12X19* W 12X19* W14X48* W 12X19* W12X19* W8X10 TYP. U.O.N. 1 W8X10 C1 S-512 @ LARGE OPENINGS TYP. U.O.N. C8X11.5 C8X11.5 W8X10 B1 S-512 1 W12X19* 3 W 12X19*3 W 14X22* C=1"3 3 3 3 W 12X19*W12X19 3 3 1 1 1 6'-6 " INDICATES BRACED SCREENWALL FRAME, TYP. 10' - 0 " 50'- 2 " PSA23-2179FAC Exhibit "A" (Cont.) EXHIBIT A DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 ATTAQ-1 fl.B.O CONNECTOR USING TEK SCREWS FIELD CONNECTOR. TYi' CRIMP!D TUBE EKO, TYP 01"1 IOIIM. 8l10 COIINECTOR 01½" TVBING llga OR 169,, TYi' OPTIONAL ROOF BRACE -----3.:.'----- •••••••••••• t••········••1 ••••••••••••• ,_ ...........• ············1 ,_ ........... . •••••••••••• ~············ ••••••••••••• t••·········· ••••••••••••• ,_ ............ , ············-~ t• ·-·-·-·-·-·-·-·-•-•--'l 02½' END COMECTOR, TYP ATIJ.Oi ENO CONNECTOR USIIIG TI:K SO\EWS , / ~ POST CAP, TYi' / ,,,-ATTAOi POST CAP USING l<K SCREWS AD.lJSTABLE ROUND POST SUl'PORf, TYP 00 I I WY I I I I I I I iJdelawi.e ----- 9 ,,,--.._ I)~ ) ,,----,!SJ ; '\.,.<..A..,~__,.< ( I Client’s Initial __________ Page 1 of 3 ADDENDUM NO. 5 TO ORIGINAL AGREEMENT April 19, 2023 Mr. Mike Asaro DELAWIE 1515 Morena Blvd. San Diego, CA 92110 Project: Carlsbad Fire Station 2 SMR-ISD No. 2020-045.A5 Dear Mr. Asaro, This is an Addendum to our original Agreement dated July 28, 2020, for the above referenced project. All basic services described below will be provided on a fixed fee basis (as noted), plus reimbursables. Any additional services will be provided on an hourly basis. The original Agreement is revised as follows: 1.0 PROJECT SCOPE 1.1 Roof Screen 2.0 BASIC SERVICES 2.1 Phase 1 – Design Development No change. 2.2 Phase 2 – Construction Documents No change. 2.3 Phase 3 – Plan Check / Bidding No change. 2.4 Phase 4 – Construction Administration No change. 3.0 COMPENSATION 3.1 The fees for the work described above are as follows: Addendum No.5: $ 11,090.00 PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 IMAGINE -INNOVATE -INTEGRATE STRUCTURAL ENGINEERS -FORENSIC EXPERTS -PLAN REVIEWERS www.smr-eng.com -1495 Pacific Hwy., #400, San Diego, CA 92101 -619.294.6600 Client’s Initial __________ Page 2 of 3 Carlsbad Fire Station 2 ESTIMATED STRUCTURAL ENGINEERING AND DRAFTING COST ADDENDUM 5 - ROOF SCREEN Engineering Description Unit Cost $/HR Hours Amount Principal Engineer QC and Review drawings and calculations $245.00 4 $980.00 Project Manager - Roof screen wall addition to be supported by existing open web steel joist roof framing and new blocking/framing, as required, at existing roof structure: ----- Provide markups and back check. ----- Provide revised calculations. ----- Coordination and meetings. - Review submittals and construction admin services for the screen wall. - Provide responses to City comments - Revise as-built drawings to incorporate changes $195.00 34 $6,630.00 Project Engineer $165.00 8 $1,320.00 Subtotal: 46 $8,930.00 Drafting Description Unit Cost $/HR Hours Amount Drafter Revise drawings per engineering sketches and instructions $90.00 24 $2,160.00 Subtotal: 24 $2,160.00 Total: 70 $11,090.00 Payment Schedule: No change. PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 IMAGINE -INNOVATE -INTEGRATE STRUCTURAL ENGINEERS -FORENSIC EXPERTS -PLAN REVIEWERS www.smr-eng.com -1495 Pacific Hwy., #400, San Diego, CA 92101 -619.294.6600 Client’s Initial __________ Page 3 of 3 4.0 ADDITIONAL COMPENSATION (WITH PRIOR AUTHORIZATION FROM CLIENT No change. 5.0 SCHEDULE OF WORK No change. 6.0 INFORMATION TO BE FURNISHED BY OTHERS No change. 7.0 CLIENT RESPONSIBILITY No change. 8.0 SERVICES INCLUDED No change. 9.0 SERVICES NOT INCLUDED No change. We look forward to working with you on this and other upcoming projects. Sincerely, SMR-ISD Agreement (including Terms Consulting Structural Engineers, Inc. and Conditions) accepted, Farzad Heidari, S.E. Authorized Client Signature Date Vice President PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 IMAGINE -INNOVATE -INTEGRATE STRUCTURAL ENGINEERS -FORENSIC EXPERTS -PLAN REVIEWERS www.smr-eng.com -1495 Pacific Hwy., #400, San Diego, CA 92101 -619.294.6600 Client’s Initial __________ Page 1 of 3 2023 STANDARD HOURLY RATE SCHEDULE INDIVIDUAL HOURLY RATE President $395.00 Senior Principal Engineer / Sr. Vice President $325.00 Principal Structural Engineer / Vice President $245.00 Senior Structural Engineer / Project Manager $195.00 Project Engineer $165.00 Design Engineer $140.00 Senior CAD Technician $125.00 CAD Technician / Bim Modeler $90.00 Senior Administrative Assistant $125.00 Administrative Assistant $75.00 REIMBURSABLE EXPENSES The cost of providing a copy of structural drawings and structural calculations for reproduction is included in this proposal. The Client will be responsible for all reproduction and other expenses (i.e., printing, CD burning, photocopying, plotting, etc.) Mileage charges for travel to and from the Client’s office to our office and the job site are included in this proposal. All other mileage expenses will be considered reimbursable and will be charged at …………………………………………………………………………………….…………………....56 ¢/mile Out-of-town travel expenses are not included in this proposal and will be in addition to Consultant’s compensation. Consultant shall furnish copies of expense documentation to Client when so requested. Out-of-town travel expenses will be charged at.................................................Cost x 1.10 PSA23-2179FAC Exhibit "A" (Cont.) DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 IMAGINE · INNOVATE · INTEGRATE STRUCTURAL ENGINEERS -FORENSIC EXPERTS -PLAN REVIEWERS www.smr-eng.com -1495 Pacific Hwy., #400, San Diego, CA 92101 -619.294.6600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5/7/2023 Cavignac451 A Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 DELAWIE-01 XL Specialty Company 37885Delawie1515 Morena Blvd.San Diego,, CA 92110 Travelers Indemnity Co of Conn 25682 354866171 C X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X Y 6806H441118 11/18/2022 11/18/2023 2,000,000 Deductible 0 C 1,000,000 X BA3S014260 11/18/2022 11/18/2023 A X X 5,000,000CUP4183T08611/18/2022 11/18/2023 5,000,000 X 0 A XYUB8J03806611/18/2022 11/18/2023 1,000,000 1,000,000 1,000,000 B Professional Liability DPR5005460 11/18/2022 11/18/2023 Each ClaimAggregate $2,000,000$4,000,000 Re: All Projects. Additional Insured coverage applies to General Liability for The City of Carlsbad per policy form. Waiver of subrogation applies to WorkersCompensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additionalinsured and waiver of subrogation apply when afforded on underlying policies). Professional Liability - Claims made form, defense costs included within limit. Ifthe insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac will provide 30 days notice of suchcancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 POLICY NUMBER: 680-6H441118 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insu rance afforded to these additional insureds, the following additional exclu- sions apply: CG D3 61 03 05 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense comm itted, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies , Inc. All rights reserved. CG TS 02 11 22ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 12/06/2022 Page 1 of 1 DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 POLICY NUMBER: 680-6H441118 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s} shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG TS 03 11 22 © ISO Properties, Inc., 2004 DATE OF ISSUE: 12/06/2022 Page 1 of 1 Policy No. 6806H441118DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary Ancl Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an 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 that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy No. 6806H441118 DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS-INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BL:ANKET WAIVER OF SUBROGATION - HEN REQUIRED BY WRITTEN CONTRACT ORAGREEMEN The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: B871C735-4A36-4865-B289-CB3EB2926626 ... TRAVELERSJ · ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-8J038066· 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 2. oo % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description ARCHITECTS PLAN This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1