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HomeMy WebLinkAbout2023-04-11; City Council; ; Professional Services Agreement with Schmidt Design Group for Design Services for Robertson Ranch Community ParkCA Review ___AF___ Meeting Date: April 11, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Todd Reese, Parks Services Manager todd.reese@carlsbadca.gov, 442-339-2151 Subject: Professional Services Agreement with Schmidt Design Group for Design Services for Robertson Ranch Community Park District: 2 Recommended Action Adopt a resolution authorizing a professional services agreement with Schmidt Design Group for design services for Robertson Ranch Community Park in a total not-to-exceed amount of $1,250,000, including $595,000 in the initial two-year term. Executive Summary Robertson Ranch Community Park is to be developed on a 11.2-acre site near the northeast corner of El Camino Real and Cannon Road, south of the Foothills neighborhood of the Robertson Ranch development. Staff advertised the design services on the project for bids with a request for qualifications and price proposals for design services on Nov. 9, 2022. Staff considered Schmidt Design Group to be the firm best qualified to provide the design services for the park. Schmidt Design Group’s negotiated price proposal was also $266,488 lower than that of the other finalist firm. The City Council’s approval is required to award these professional services under Carlsbad Municipal Code Section 3.28.060.D.5 because the agreement will cost the city more than $100,000.00 per agreement year. Explanation & Analysis Background The City of Carlsbad’s Parks & Recreation Department is charged with providing a variety of amenities to promote a healthy outdoor lifestyle and community connections, two important values in the Carlsbad Community Vision. Community parks play an important role in meeting these recreational needs. Robertson Ranch Community Park would be Carlsbad’s fifteenth community park. Carlsbad’s existing community parks provide the community with a wide range of recreational opportunities such as athletic fields, playgrounds, sport courts and picnic areas, among other amenities. April 11, 2023 Item #5 Page 1 of 32 Previous City Council actions on the project include: • June 14, 2022 – Adopted the FY 2022-23 Capital Improvement Program Budget which included the Robertson Ranch Community Park Project (CIP Project No. 3801). • Oct. 11, 2022 – Adopted the 2023-27 Carlsbad Strategic Plan, which included the strategic goal of Community Character: Maintain Carlsbad’s unique character and connectedness. The Priority Projects section of the plan included completing the conceptual design, master plan and permitting for Robertson Ranch Community Park. Park features and community engagement The specific amenities of the park will be determined after staff gathers input from the community through a variety of channels to better understand the ideas, needs, values and priorities for the park. Community engagement will begin in summer 2023. The development of the park will also be informed by the updated Parks & Recreation Department Master Plan, the guiding document for developing and maintaining the city’s parks. This update, due to be completed later this spring, will provide current information regarding the city’s parks and facilities inventory, the level of service recommendations and the broader community interests, to further inform the design and decision-making process. Selection process Staff released a request for qualifications and price proposals for design services for Robertson Ranch Community Park Nov. 9, 2022. The request included a scope of work divided into the following seven sections: 1. Conceptual design 2. Community engagement (will inform the creation of the conceptual design and will be led by the city’s Communication & Engagement Department staff) 3. Permitting 4. Design development 5. Construction documents 6. Contract bidding 7. Construction administration and management All design firms submitting responses to the request for qualifications were to include a detailed price proposal covering the duration of the project. The following five firms submitted a response to the request for qualifications and price proposals by the deadline, on Jan. 5, 2023: • In-Site Landscape Architecture • EPT Design • Spurlock Landscape Architects • KTUA • Schmidt Design Group April 11, 2023 Item #5 Page 2 of 32 Each design firm’s qualifications were reviewed and ranked by a three-member selection committee of Parks & Recreation Department staff, using the following weighted evaluation: Evaluation criteria Points Specialized experience, technical competence, references, past performance 45 Capacity to accomplish work in the required time 25 Personnel 25 Location/(familiarity with) local environment 5 Total points 100 Of the five bidders, Schmidt Design Group and KTUA ranked the highest in the qualifications evaluation. Those two firms were invited to provide a presentation on their proposed services to the selection committee and respond to questions. After completion of the presentations and related discussion, the selection committee deliberated and identified Schmidt Design Group as the highest ranked design firm for this project. The price proposal of each firm was then opened. Schmidt Design Group’s price proposal was considerably lower than that of KTUA’s. Staff then met with Schmidt Design Group to ensure all requisite tasks under the agreement had been accounted for in a responsible manner. Schmidt Design Group’s negotiated price proposal was $1,139,699 and KTUA’s price proposal was $1,400,187; a difference of $260,488. Although the selection committee took the price proposals of the finalist design firms into consideration when making its recommendation, the city is not obligated to enter into a professional services agreement with a design firm based strictly upon the lowest submitted price proposal. The committee, using the weighted evaluation system noted above, also found Schmidt to be the design firm it considers to be the best qualified to provide the requisite design services, at a reasonable price. Professional services agreement The agreement is divided into three, two-year terms, with specific phases of the scope of work to be done during each term: Initial two-year term 1. Conceptual design 2. Community engagement (input will inform the creation of the conceptual design) 3. Permitting Schmidt Design Group’s price proposal for these phases, including reimbursables, was $533,691. Staff recommend including additional $20,900 in the initial two-year term for two supplemental tasks related to determining the least intrusive route of connection to an existing underground sewer line. Staff also recommend including an additional $40,409 in the initial two-year term for as-needed services. Combined, the cost of the design services to be addressed in the initial two-year term shall not exceed $595,000. April 11, 2023 Item #5 Page 3 of 32 First two-year extension term 4. Design development 5. Construction documents. Schmidt Design Group’s price proposal for these phases, including reimbursables, was $445,678. Staff recommend including an additional $39,322 in the first two-year extension term for as-needed services. Combined, the cost of the design services to be addressed in the first two-year extension term shall not exceed $485,000. Second two-year extension term 6. Contract bidding 7. Construction administration Schmidt Design Group’s price proposal for these phases, including reimbursables, was $160,330. Staff also recommends the inclusion of an additional $9,670 in the second two- year extension term for as-needed services. Combined, the cost of the design services to be addressed in the second two-year extension term shall not-to-exceed $170,000. Elements of professional services agreement Amount Initial term Services prescribed for scope of work phases 1 through 3 $533,691 Supplemental tasks for route of connection to sewer line 20,900 Additional as-needed services $40,409 Subtotal $595,000 First extension Services prescribed for scope of work phases 4 through 5 $445,678 Additional as-needed services $40,409 Subtotal 485,000 Second extension Services prescribed for scope of work phases 6 through 7 $160,330 Additional as-needed services $9,670 Subtotal $170,000 Grand total $1,250,000 Fiscal Analysis The project appropriation to date is $614,000 from the Park In-Lieu Fee Fund – Northeast. The fiscal year 2022-23 Capital Improvement Program forecasted a total project budget of an additional $16,494,940. Staff are currently developing the fiscal year 2023-24 Capital Improvement Program and will present updated future year funding recommendations, as necessary. April 11, 2023 Item #5 Page 4 of 32 There are sufficient funds available for the initial two-year term of this agreement, as reflected below. Robertson Ranch Community Park, CIP Project No. 3801 Appropriations to date $614,000 Expenditures/encumbrances to date $0 Total available funds $614,000 Initial term of professional services agreement with Schmidt Design Group $595,000 Remaining balance $19,000 Next Steps Staff will schedule a kick-off meeting with Schmidt Design Group to commence the design services for Robertson Ranch Community Park. Staff anticipate starting to gather initial input from the community on the planned park this summer. Environmental Evaluation Authorizing a professional services agreement for design services on a future park is statutorily exempt from the California Environmental Quality Act under CEQA Guidelines Section 15262 - Feasibility and Planning Studies. A program environmental impact report (EIR No. 03-03) was certified by the Planning Commission on May 31, 2006 and adopted by the City Council on Nov. 14, 2006 (Council Resolution No. 2006-324). That EIR anticipated the construction of the proposed public community park at Planning Area 12, an 11.2-acre parcel designated for a recreational planning area. This project will be required to demonstrate consistency with the EIR, including mitigation measures, through completion of an evaluation or addendum, under CEQA Guidelines sections 15162 and 15164. Additional environmental review will be necessary if the project will have significant affects not discussed in the initial EIR. Exhibits 1.City Council resolution April 11, 2023 Item #5 Page 5 of 32 RESOLUTION NO. 2023-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDT DESIGN GROUP FOR DESIGN SERVICES FOR ROBERTSON RANCH COMMUNITY PARK, IN A TOTAL NOT-TO-EXCEED AMOUNT OF $1,250,000, INCLUDING $595,000 IN THE INITIAL TWO-YEAR TERM WHEREAS, on May 31, 2006, a program environmental impact report program environmental impact report (EIR No. 03-03) was certified by the Planning Commission, and on Nov 14, 2006, that EIR was adopted by the City Council; and WHEREAS, that EIR anticipated the construction of the proposed public community park at Planning Area 12, a 11.2-acre parcel designated as a Recreational Planning Area and WHEREAS, on June 14, 2022, the City Council adopted the FY 2022-23 Capital Improvement Program Budget which includes the Robertson Ranch Community Park Project (CIP Project No. 3801); and WHEREAS, on Oct. 11, 2022, the City Council adopted the 2023-27 Carlsbad Strategic Plan, which includes the strategic goal of Community Character: Maintain Carlsbad's unique character and connectedness; and WHEREAS, the Priority Projects section of that plan indicates the city expects to complete conceptual design/master plan and permitting for Robertson Ranch Community Park; and WHEREAS, the specific amenities of the park will be determined after staff gathers input from the community through a variety of channels to better understand the ideas, needs values and priorities for the park; and WHEREAS, the Park & Recreation Department Master Plan Update, due to be completed in spring 2023, will provide current information regarding the city's parks and facilities inventory, the level of service recommendations and the broader community interests, to further inform the design and decision-making process; and WHEREAS, the execution of a professional services agreement with a design firm will provide staff with the mechanism to begin the public outreach, which will generate and gather community input to be considered in the conceptual designing and master planning of the project.; and WHEREAS, on Nov. 9, 2022, staff released a request for qualifications and price proposal for Design Services for Robertson Ranch Community Park; and Exhibit 1 April 11, 2023 Item #5 Page 6 of 32 WHEREAS, the request included a scope of work divided into seven phases typically associated with such professional design services; and WHEREAS, on Jan. 5, 2023, five design firms had submitted a response to the request; and WHEREAS, design firms submitting responses to the request included a price proposal; and WHEREAS, each design firm's qualifications were reviewed and ranked by a three-member selection committee of Parks & Recreation Department staff using a weighted evaluation; and WHEREAS, two design firms ranked the highest in the qualifications evaluation and were invited to provide a presentation on their proposed services to the selection committee and respond to questions; and WHEREAS, after completion of the presentations and related discussion, the selection committee deliberated and identified Schmidt Design Group as the highest-ranked design firm; and WHEREAS, the price proposal of each firm was then opened, and Schmidt Design Group's negotiated price proposal was $260,488 lower than the price proposal of KTUA; and WHEREAS, the weighted evaluation system and presentation and response process allows the selection committee to recommend the design firm it considers to be the best qualified to provide the requisite design services, at a reasonable price; and WHEREAS, the professional services agreement for design services for this park is divided into three, two-year terms; and WHEREAS, the initial two-year term will address Scope of Work phases: 1. Conceptual design, 2.Public engagement, and 3. Permitting; the first two-year extension term will address scope of work phases: 4. Design development and 5. Construction documents; and the second two-year extension term will address scope of work phases: 6. Contract bidding and 7. Construction administration; and WHEREAS, staff recommend authorizing a professional services agreement with Schmidt Design Group for design services for Robertson Ranch Community Park {Capital Improvement Program Project No. 3801) in a total not-to-exceed amount of $1,250,000, including $595,000 in the initial two-year term; and WHEREAS, sufficient funds are available in the Capital Improvement Program project budget for the initial two-year term of this agreement; and April 11, 2023 Item #5 Page 7 of 32 WHEREAS, the City Planner has determined that authorizing a professional services agreement for design services on a future park is statutorily exempt from the California Environmental Quality Act under CEQA Guidelines Section 15262 -Feasibility and Planning Studies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Mayor is hereby authorized and directed to execute the professional services agreement with Schmidt Design Group for design services for Robertson Ranch Community Park, in a total not-to-exceed amount of $1,250,000, including $595,000 in the initial two-year term, attached hereto as Attachment "A." 3.That the City Manager is authorized to execute amendments to said agreement deemed to be in the best interest of the city, and, if the city so chooses, to extend it for two additional two-year terms, in a not-to exceed amount of $485,000 in the first two-year extension term, and in a not-to-exceed amount of $170,000 in the second two-year extension term. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of April, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. Luna. None. KEITH BLACKBURN, Mayor l ..... sHERRY FREISINGER, City Clerk -r-(SEAL) April 11, 2023 Item #5 Page 8 of 32 DocuSign Envelope ID: F3BBFEA2-0F73-46B6-9167-F03D8EDEBF91 AGREEMENT FOR DESIGN SERVICES FOR ROBERTSON RANCH COMMUNITY PARK SCHMIDT DESIGN GROUP, INC. Attachment A AG~f:EMENT is made and entered into as of the \ l/ ~ day of ------'-~I----'-'.-"\'-----' 20.J.&., by and between the City of Carlsbad, California, a municipal cor oration, ("City"), and Schmidt Design Group, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in park design services. B. Contractor has the necessary experience in providing professional services and advice related to design services for Robertson Ranch Community Park. 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 two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-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 will be five hundred, ninety-five thousand dollars ($595,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed four hundred eighty-five thousand dollars ($485,000) in the first amendment term, and one hundred seventy thousand dollars ($170,000) in the second amendment term. The City reserves the right to withhold a ten City Attorney Approved Version 12/28/2022 April 11, 2023 Item #5 Page 9 of 32 April 11, 2023 Item #5 Page 10 of 32 April 11, 2023 Item #5 Page 11 of 32 April 11, 2023 Item #5 Page 12 of 32 April 11, 2023 Item #5 Page 13 of 32 □ □ April 11, 2023 Item #5 Page 14 of 32 April 11, 2023 Item #5 Page 15 of 32 DocuSign Envelope ID: F3BBFEA2-0F73-46B6-9167-F03D8EDEBF91 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 By: ~ (signere) Jeffrey T. Barr, Vice President (print name/title) By: bLUA, ~ du.,.iJJ- (sign here) Glen Schmidt, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: ~ f SHERRY FREISINGER City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 041/(IA-f V'~sf Deputy / Assistant City Attorney City Attorney Approved Version 12/28/2022 8 April 11, 2023 Item #5 Page 16 of 32 April 11, 2023 Item #5 Page 17 of 32 April 11, 2023 Item #5 Page 18 of 32 April 11, 2023 Item #5 Page 19 of 32 April 11, 2023 Item #5 Page 20 of 32 April 11, 2023 Item #5 Page 21 of 32 April 11, 2023 Item #5 Page 22 of 32 April 11, 2023 Item #5 Page 23 of 32 April 11, 2023 Item #5 Page 24 of 32 April 11, 2023 Item #5 Page 25 of 32 April 11, 2023 Item #5 Page 26 of 32 April 11, 2023 Item #5 Page 27 of 32 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I April 11, 2023 Item #5 Page 28 of 32 POLICY NUMBER: 680-5H959099 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 folfowing: COMME;RCIAL GENERAL LJABILITY COVERAGE; PART SCHEDULE Names of Additional Insured Person(&) or Organization(s): Any person or organization that you agree in a written contract to inct1..1de 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. Loeation of Coveted 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 .ls An .Insured is amended to in- elude as an addittonal 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 .operati.ons for the additional insured(s) at the location(s) desig- nated above. .B. With respect to the insurance afforded ta these additional insureds, the following additional exclu- sions apply: CG D3 610305 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, 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 be.en 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, !no. All rights reserved. CG TB 03 01 23ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 11/08/2022 Page 1 of 1 April 11, 2023 Item #5 Page 29 of 32 POLICY NUMBER: 680-5H959099 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 COVERAG.E PART SCJiEDULE Name Of Additional Insured Person{s) Or Organlzation(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 before1 and is in effect when, the "bodily injury or "property damage" occurs. Location And Description •Of Completed Operations Any project to whteh 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 whol.e or in part, by "your work'' at the CG 20 3.7 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 TB 04 01 23 © ISO Properties, Inc.,. 2004 DATE OF ISSUE: 11/08/2022 Page 1 of 1 April 11, 2023 Item #5 Page 30 of 32 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 wi ll 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 wil l 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: Policy Number: 6805H959099 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 T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. April 11, 2023 Item #5 Page 31 of 32 Youcy umoer: oi:sv:,tt~:,~v~~ 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 exclusi on is added to Pa ragraph 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 03 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved . Pages of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. April 11, 2023 Item #5 Page 32 of 32 .... TRAVELERSJ , ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: UB-0J495455-23-47-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: 12-07-22 Policy No. Endorsement No. Premium Countersigned by ___________ _ ST ASSIGN: Page 1 of 1