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HomeMy WebLinkAboutWhitmore Architects Inc; 2023-07-17; PSA23-2211FACPSA23-2211FAC City Attorney Approved Version 5/25/2023 1 AGREEMENT FOR ALGA NORTE PARK AQUATIC CENTER ARCHITECTURAL SERVICES FOR RESTROOM REPAIRS WHITMORE ARCHITECTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Whitmore Architects, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in architectural services. B. Contractor has the necessary experience in providing professional services and advice related to architectural 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 and a half (1.5) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) 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 The total fee payable for the Services to be performed during the initial Agreement term shall not exceed seventy-five thousand nineteen dollars ($75,019). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B 17th July PSA23-2211FAC City Attorney Approved Version 5/25/2023 2 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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. Wherever used herein, the term “Contractor” shall mean Whitmore Architects, Inc., a corporation rendering professional architectural services. The term Contractor does not imply that Whitmore Architects, Inc. is engaged in providing construction contracting work, nor is Whitmore Architects, Inc. responsible in any way for the construction means, methods, procedures, techniques or sequences, nor any aspect of jobsite safety, for the proposed project. These duties are and shall remain the sole responsibility of the construction General Contractor. DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 3 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 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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, DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 4 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: 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. DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 5 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. For City For Contractor Name Molly Amendt Name Douglas Whitmore Title Senior Engineer Title Project Manager Department Public Works Address 5675 Ruffin Road, Suite 350 City of Carlsbad San Diego, CA 92123 Address 1635 Faraday Ave. Phone No. 619-232-4575 Carlsbad, CA 92008 Email dougw@whitmorearchitects.com Phone No. 760-573-3368 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 6 If yes, list the contact information below for all individuals required to file: Name Email Phone Number 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. 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. 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. 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 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 7 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. 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 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. DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 8 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 corporation of the State of California WHITMORE ARCHITECTS, INC., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Douglas Whitmore, President & Secretary (print name/title) By: ATTEST: (sign here) for Sherry Freisinger, City Clerk (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: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 9 EXHIBIT “A” SCOPE OF SERVICES Project Background & Criteria: Whitmore Architects was originally retained to provide scope of repair documentation (drawings and specifications) addressing the waterproofing failures within the indoor shower facilities at Building 3 of the Alga Norte Aquatic Center. These services were provided at the request of other experts retained by the City of Carlsbad in its claim against the original builder. Whitmore Architect’s services included the preparation of preliminary Contract Documents (construction drawings and specifications) for implementation of the tile consultant’s repair recommendations. The City of Carlsbad currently intends to proceed with construction of the proposed repair work, tentatively scheduled to begin in the fall of 2023, and has requested this proposal from Whitmore Architects to provide services during Contract Documents finalization / agency review phase; bidding / negotiation phase; and construction phase. It is understood that the City will contract separately with a General Contractor to perform the repair work and with a third-party Owner’s Representative to assist the City in managing the Construction work. Scope of Services: The Architect will provide services during the Contract Documents finalization / agency review phase, bidding / negotiation phase, and construction phase as described in the attached Exhibit A.1, for the project described by the preliminary Contract Documents (drawings and specifications, including Division 1), dated 3 December 2021. The Architect will act as a representative of the Owner during construction. A. Contract Documents Finalization / Agency Review Phase: As described in Exhibit A.1. B. Bidding / Negotiation Phase: As described in Exhibit A.1. C. Construction Phase: Based on the above understandings, Whitmore Architects (i.e., “the Architect” as noted hereafter) will provide the following services during the construction phase of the project described above: 1. The Architect’s Services during Construction consist of those described herein and exclude usual and customary mechanical, plumbing, and electrical engineering services, except as follows: Given the nature of repair work, it is understood that consulting services may be required on an as-needed basis from a Mechanical, Electrical and/or Plumbing Engineer during the construction phase of the project. Services required by the Structural Engineer will be provided as needed regarding the structural repairs identified in the Contract Documents. Services not identified herein, if required during services, are deemed Supplemental or Additional Services. 2. The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. 3. The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. Communications by and DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B PSA23-2211FAC City Attorney Approved Version 5/25/2023 10 with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. 4. The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. 5. Based on the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over, or charge of, and will not be responsible for the acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. Note: The Architect’s scope is based on site visits and Owner/Architect/Contractor (OAC) meetings as further described in Exhibit A.1. 6. The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. 7. The Architect will review and approve, or take other appropriate action upon, the Contractor’s Submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgement to permit adequate review. Review of such Submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 8. The Architect’s decisions on matters relating to aesthetic effect will be consistent with the intent expressed in the Contract Documents and the Contractor will adhere to those decisions. 9. The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B --- PSA23-2211FAC City Attorney Approved Version 5/25/2023 11 time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Compensation: Services will be provided on an hourly basis with estimated compensation in the range of $50,010 to $55,019, as outlined in Exhibit A.1. This fee estimate is based on an anticipated construction period of 12 weeks; should the construction period extend longer than 12 weeks, any additional fees for oversight of the project will be the subject of an amendment to the agreement. Billings for hourly compensation will not exceed the upper estimated compensation amount without prior written consent of the City of Carlsbad. Structural engineering services will be invoiced on an hourly basis, and they will be invoiced at cost plus 10%; refer to Exhibit A.1. The City should allow $6,600 in addition to the architectural fees estimated in the prior paragraph. Billings for structural services will not exceed the allowance amount without the written consent of the City of Carlsbad. Mechanical, electrical and plumbing engineering services, if needed, will be invoiced on an hourly basis and they will be invoiced at cost plus 10%; refer to Exhibit A.1. The City should allow $11,000 in addition to the architectural fees estimated in the first paragraph. Billings for mechanical, electrical and plumbing services will not exceed the allowance amount without the written consent of the City of Carlsbad. Hourly rates and payment terms for this project will be as outlined in Exhibit A.2, “Excerpt from Owner / Architect Standard Form A-1”, dated 15 May 2023. Allow for up to $2,400 in reimbursable expenses; such an allowance amount shall not be exceeded without the written authorization of the City of Carlsbad. Reimbursable expenses will be invoiced in addition to the estimated hourly compensation up to the not-to-exceed allowance. Architectural fee estimate Hourly basis, not to exceed $55,019 Structural engineering fee estimate Hourly basis, not to exceed $6,600 MEP engineering fee estimate Hourly basis, not to exceed $11,000 Reimbursable expenses Allowance, not to exceed $2,400 TOTAL VALUE OF AGREEMENT $75,019 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B EXHIBIT A.1 Architectural Scope and Fee Estimate - Construction Phase Alga Norte Aquatic Center - Building 3 Shower Repairs Prepared by: Whitmore Architects Proposed Scope of Services: Whitmore Estimated Base Fee + 10% Contingency Whitmore Estimated Base Fee Josephson Werdowatz Estimated Fee (Struct Eng) Turpin & Rattan (Mechanical, Electrical & Plumbing Eng) Remarks A. i. $ 8,624 7,840$ ii. $ 6,270 5,700$ 2,200$ 2,750$ iii. $ 1,958 1,780$ Subtotals:16,852$ 15,320$ 2,200$ 2,750$ B. Bidding / Negotiation Phase: i. $ 1,177 1,070$ 1,100$ 1,650$ ii. $ 3,399 3,090$ iii. $ 2,717 2,470$ Subtotals:7,297$ 6,630$ 1,100$ 1,650$ C. Construction Phase:Assume 12-week construction period i. $ 1,584 1,440$ ii. $ 9,735 8,850$ 3,300$ 6,600$ iii. $ 7,601 6,910$ In-person participation assumed; video conferencing not assumed. iv. $ 9,427 8,570$ v. $ 2,519 2,290$ Subtotals:30,870$ 28,060$ 3,300$ 6,600$ 55,019$ 50,010$ 6,600$ 11,000$ Notes: 1. 2. Project close-out punch list and final visits, with related reports and communications: Allow 2 visits at 4 hrs/visit including related follow-up Review of Contractor's RFI's and Submittals Services needed to address hidden or unforeseen conditions that are exposed during construction will be provided as Additional Services. Identification of hazardous materials, and directives related thereto, shall be provided by others. The Architect shall not have responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. This clause also applies to mold. Reimbursable expenses shall not exceed $2400. TOTAL ESTIMATED PROFESSIONAL FEES Pre-construction conference with City and General Contractor Assist in preparation of Bid Documents Assist reviewing bids received Job site visits and field reports: Allow for 12 visits by Sr. PM at 3 hrs per visit includ'g notes; based on weekly job visits Owner/Architect/Contractor (OAC) meetings and meeting notes: Allow for 12 mtgs by Sr. PM at 3 hrs per visit, assumed to be in conjunction w/ weekly site visit Contract Documents Finalization & Agency Review Review and revise drawings and specifications to address public bid requirements and code updates. Respond to agency comments and corrections to permit documents. Prepare and resubmit permit documents for agency review. Respond to contractors' requests for clarification or proposed substitutions. Alga Norte Aquatic Center Building 3 Shower Repairs Project No. 18D020.01 EXHIBIT A.1 Architectural Scope and Fee Estimate 3. PSA23-2211FAC 12 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B I I Excerpt from Client /Architect Standard Form A-1 EXHIBIT A.2 15 May 2023 For professional services, WHITMORE ARCHITECTS, INC., hereinafter referred to as "the Architect," shall receive compensation based on the schedule below: A. Principal Architect $290.00/hr. B. Associate Architect $210.00/hr. C. Architect $195.00/hr. D. Senior Project Manager $165.00/hr. E. Technical Level 1: Project Manager / Sr. Draftsperson $ 125.00/hr. F. Technical Level 2: Designer/Draftsperson $ 115.00/hr. G. Technical Level 3: Designer/Draftsperson $ 105.00/hr. H. Administrator / Office Manager $ 90.00/hr. I. Project Assistant $ 60.00/hr. J. Other Consultants Cost of Service, Plus 10% Court testimony and deposition rates, if necessary, will be invoiced at twice the Architect’s normal rates listed above. Reimbursable Expenses shall be billed at cost plus 10%, and the reimbursable expense total shall not exceed $2400. Reimbursable Expenses may include expenses for automobile travel, reproduction, and deliveries. Rates for automobile travel shall be as published and accepted by the Internal Revenue Service (IRS) and may be adjusted every six (6) months during the project to reflect adjustments in the rate by the IRS; at the time of this agreement the rate is $0.655 / mile. PSA23-2211FAC 13 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B 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 6/25/2023 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 WHITMOAR01 XL Specialty Company 37885Whitmore Architects, Inc.5675 RUFFIN RD, STE 350San Diego CA 92123 502682397 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X Y Y 6801J458918 6/1/2023 6/1/2024 2,000,000 HIRED NON OWNED AU Included A Included X X X INCL IN GL 6801J458918 6/1/2023 6/1/2024 A X X 2,000,000CUP8B9149326/1/2023 6/1/2024 2,000,000 X 0 A XYUB5K7626506/1/2023 6/1/2024 1,000,000 1,000,000 1,000,000 B Professional Liability DPR5013394 6/1/2023 6/1/2024 Ea ClaimAggregate $1,000,000$2,000,000 Re: 6565 Alicante Road, Carlsbad, CA 92008, Alga Norte Park Aquatic Center, Building 3 Shower Repairs. Additional Insured coverage applies to GeneralLiability for City of Carlsbad/CMWD, (or if applicable – the City of Carlsbad Redevelopment Agency, Housing Authority or Carlsbad Municipal Water District) itsofficials, employees and volunteers per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Waiver of subrogationapplies to General Liability and Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, AutoLiability & Employers Liability (additional insured and waiver of subrogation apply when afforded on underlying policies). Professional Liability - Claims madeform, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premiumCavignac will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWD1635 Faraday Ave.Carlsbad CA 92008 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B POLICY NUMBER: 680-tJ458918 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY .. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LES.SEES. OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modlfies insurance provlded under the following: COMME.RCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional In.sured Person(s) or'Ortanization(:s): Any person or organization that·you agree In a written contract to include as an additional Insured on this Covt\'!rage Part, provided that such written contract was signed bV ypu before,:and is in e.fft\'!ct when, the "bodily injury" or ''property damage" occurs or the "personal injury" or ''advertising: injury" <>ffense is committed. 1-oeatiQn of ewe.red Oparattcms: Any project to which a, written contra,ct with the. Additional Insured Person{s) or Organization(s) in the Sehedole applies. (lAfom1ation ~uired to complete t1'1is Schedule, if not shoWl"I above, will bee shoWl"I in' the Iledaratiol'ls.) A.. Secticn II -Who Is An Insured iS amended to in- clude as an additional insured the person(.s} or or:ganizcation(s.) shown .in the Sehedule, but only with respect to liabllity for "bodHy Injury,", '1i,:roperty damage.", "personal Injury" or "advertising injury" caused, il'I 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 th,e insurance afforded to these additional i.nsureds, Ile following aCl.ditlon'al eiclu- slons apply: CG D38103 01 This Insurance does !"lot apply to QbOdily injury" or ''property damage'' occurring, or "personal inJury" or "advertising injury" arising out of an offens'e committed, after: 1. All work, including materials, parts or equip- ment fumtshed [n con!"lectlon wfth such work, cm the project (other than service, mcainte- nance or repairs) to be perfom1ed by or o.n behalf of the a:ddltional insured(s) at the loaa- tion of the covered operations has been com- pleted; or %. 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 orgarlfzation other than another contractor or subcontrac- tor engag.ed in performing operations for a principal as a part of the same project Copyright 2005 The St. Paul Travelers Companies, Inc. All tig:hts reserved. Includes copyrighted material of Insurance Services Office, 1.nc. with its permission. CG TS 01 06 22 Page 1 of 1 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B POLICY NUMBER: 680-tJ458918 COMMERCIAL G.ENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRA.CTORS -COMPLETED OPERATIONS This endorsement modifies insurance provfded underthe following: :COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Org.anization(s): Any. person or orgarlization that y.ou agree in a. written contract to include as an additional insur~d on this Coverage Part for "bodily injury" :or ''property damage" included ih the products.-completed operations hamrd, provided that such .contract was .signed by you bef.ore, and Is In .effect when, th.e "bodily injury or "prope.rty damage'' occurs. Location And Description. Of Completed Operations Any project to which a writt.en contract with the Additional Insured Person(s) or Organtmtion(s) in the Schedule applies. Information re.quire.d 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- ganiz:ation(t} shown in the Schedule, but only with respect to liability. for "bodily injury" or "property dam- age" cause.d, in Whole. or in part, by ''your work" at the CG2037 07 04 location designated and described in the schedul.e of this endorsement petf~rrned far that additional in,- sured .and inGluded in the "Jjtodoot$-Oompleted opera- tions hazard". @ ISO Properties, Inc.,. 2004 CG TS 02 06 22 Page 1 of 1 DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B 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 And 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. DocuSign Envelope ID: C166B4ED-BE01-4E88-B494-C670F83AED8B-----, -·------------., ------ 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. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT 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: C166B4ED-BE01-4E88-B494-C670F83AED8B ~ TRAVELERSJ , ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: UB-SK762650-22-47-G 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 DATE OF ISSUE: 04-15-22 Policy No. Endorsement No. Premium Countersigned by ___________ _ ST ASSIGN: Page 1 of 1