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HomeMy WebLinkAboutContracts & Agreements_62-2018AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Pretreatment Gap Analysis services ("Agreement") is made and entered in this 22nd of March, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Larry Walker Associates ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide Pretreatment Gap Analysis services for City's Municipal Utilities and Engineering Department (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perfor-1n are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Paul Toor, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner, in no case shall this agreement extend beyond three months without mutual written consent of the Parties. 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City 1:Ica1djm\Agreements\Pretreatment Gap Analysis services Agreement.docx Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Four Thousand, Six Hundred Eighty dollars ($4,680). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled "Proposed Fee," is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: City Paul Toor, Director MUED City of Redlands 35 Cajon Street, Suite 15A PO. Box 3005 (mailing) Redlands, CA 92373 ptoor@cityofredlands.org Consultant Karen Ashby, Vice President Larry Walker Associates 2397 Shattuck Ave, Ste 204 Berkeley, CA 94598 510.883.9873 x15 alinac@lwa.com ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 2 I:Icaldjm\AgreementslPretreatment Gap Analysis Services Agreement.doex A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to perfbimance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: 3 islcaldjmlAgreementslPretreatment Gap Analysis Services Agreement.doex A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification; approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Pair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8A Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an 4 1:%ca1djm\Agreements\Pretreatment Gap Analysis Services Agreement.docx agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City or three months after Effective Date, whichever is sooner, unless extended in writing signed by both Parties. This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination. 8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any Ionger period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 [:Icaldj¢nlAgreements\Pretreatment Gap Analysis Services Agreeinent.docx IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF DLANDS Jan e McC nnel(Itw— asing Agent Attest: a e Donaldson, City Clerk 6 L•1ca\djmlAgreements\Pretreatinent Crap Analysis Services Agreement.docx LARRY WALKER ASSOCIATES By: Karen Ashby, Vice President EXHIBIT "A" SCOPE OF SERVICES Task 1. Review of Relevant Information and Data The documents to be reviewed in the course of the analysis include: • City of Redlands Municipal Code Chapter 13.52 Pretreatment and Regulations of Waste • Pretreatment Annual Repott for the WWTP • WWTP WDR • Industrial User Permits • Enforcement Response Plan • Recent Pretreatment Program Inspections/ Audit reports Information and data from the City should be provided in electronic format unless otherwise not feasible. LWA will conduct interviews with Redlands staff to obtain additional information on the Pretreatment Program as needed. Task 2. Provide Gap Analysis to City of Redlands LWA will summarize the findings of the gap analysis, with observations and recommendation regarding each item noted in Task 1. The analysis will also present recommended next steps. A draft document will be submitted first and it will be finalized based on the City's comments. Schedule LWA will perform the above tasks within six weeks of receiving the notice to proceed. The schedule may be adjusted depending on availability of information needed for the project and based on consultation with City staff. 7 I:1caldjmlAgreementslhretreatment Gap Analysis Services Agreement.doex EXHIBIT "B" Proposed Fee The consultant shall be compensated for the services at an hourly rate of $195 with a not to exceed amount of $4,680. Other Direct Costs: Actual expense Daily Equipment Rental Rates: Single parameter meters & equipment $ 30 Effective July 1, 2017 — June 30, 2018 $ 60 PERSONNEL Rate $!Hour REIMBURSABLE COSTS Dye/tracer mapping or residence time Administrative $ 85 Travel: Contract Administrator $150 Local mileage Current IRS rate Transportation Actual expense Project Staff !-C $110 Auto rental Actual commercial rate Fares Actual expense Project Staff I --B $140 Room Actual expense Subsistence ftl $48 per day Project Staff 1-A $165 The rate for each meal as follows: ct) Project Staff 11-6 $175 Breakfast $ 9 Lunch $13 Project Staff 11-A $195 Dinner $21 Incidentals $ 5 Senior Staff $225 Associate $250 Report Reproduction and Copying: Actual expense Vice President $275-$285 Black and white copy, in-house $0.08 Color copy, in-house $0.89 Senior Executive $300 Binding, in-house $1.95 President $300 Special Postage and Express Mail: Actual expense Other Direct Costs: Actual expense Daily Equipment Rental Rates: Single parameter meters & equipment $ 30 Digital Flow Meter $ 60 Multi -parameter field meters & sondes $100 Dye/tracer mapping or residence time $200 Multi -parameter continuous remote sensing $ 40 $ 45 Subcontractors: Actual expense plus 10% fee Note: 0) Charged when overnight lodging is required. 8 1:1ca1djmlAgreements%Pretreatment Gap Analysis Services Agreement.docx EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation Iaws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. LARRY WALKER ASSOCIATES By: l�c� Karen Ashby, Vice President 9 I:%ca1djmlAgreementsTretreatment Crap Analysis services Agreement.docx Date: *2, � t � Client#: 422 LARRYWALK YYYY) ACCRD., CERTIFICATE OF LIABILITY INSURANCE 3/2312018DATE (MMIDD/MIDDI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Doris A. Chambers NAME: Dealey, Renton & Associates PHONE FAX (A1C No. Ext): 510 465-3090 {AIC, No): 510 452-2193 P. O. Box 12675 aoosess: dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC it 510 465-3090 - Sarah D'anjou INSURER A: Travelers Indemnity Co. of Conn 25682 INSURED INSURER B: American Automobile Ins. Co. 21849 Larry Walker Associates, Inc. INsuRERc: Greenwich Insurance Company 22322 1480 Drew Ave., #100 INSURER D Davis, CA 95618 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' TYPE OF INSURANCE ADDLISUBR POLICY EFF ' POLICY EXP LIMIT$ LTR INSR �WVD POLICYNUMBER (MMIDDIYYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X ; X 680911382758 D4/0112017 04/01/2015; EEACH �OECC OCCURRENCE 52,000,000 CLAIMS•MADE I ki OCCUR i PREMISES (EaEcc�currence) $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - X I r7 POLICY JEGT LOC OTHER: A AUTOMOBILE LIABILITY X X BA3C999002 ANY AUTO ALL OWNED SCHEDULED _ AUTOS AUTOS X HIRED AUTOS X NOR -OWNED AUTOS AUTOS UMBRELLA LIAR OCLAIMSCCUR EXCESS LIAB I -MADE MED EXP (Any one person) 65,000 PERSONAL & ADV INJURY 82,000,000 f3 GENERAL AGGREGATE s4,000,000 jPRODUCTS -COMPIOPAGG 54,000,000 S 04/01/2017 04101/2018,( EaaccldentS€NGLELIMIT 51,()00,000 B=ODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE DED I RETENTIONS ? $ WORKERS COMPENSATION B X WZP81038775 04/01/2017 0410112018, X ISTD I,TF OTH AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y / N E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? 51 N 1 A (Mandatory in NH) € E.L. DISEASE - EA EMPLOYEE S1,000,000 Ii yes, describe under s DESCRIPTION OF OPERATIONS below i € E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional X PECO03092707 04/01/2017 04/01/2018 $2,000,000 per Claim Liability $4,000,000 Ann] Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tot, Additional Remarks Schedule, may be attached it more space is required) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: City of Redlands Pretreatment Gap Analysis, LWA Project No. 591.01. All operations of the Named Insured. The City of Redlands, its elected officials, employees and agents are named as Additional Insured to General and Auto Liability per policy farm wording. Insurance is Primary and Non-contributory with Severability of Interest clause. Waiver of Subrogation applies to Workers Compensation coverages per policy form wording. Cancellation provisions are solely as shown on this certificate. CERTIFICATE HOLDER CANCELLATION City f Redlands, MUED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y oeans, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Shannon Simmers ACCORDANCE WITH THE POLICY PROVISIONS. P. O. Box 3005 Redlands, CA 92373 AUTHORIZED REPRESENTATIVE I I �_—^ 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2282938/M2144227 DAC COMMERCIAL GENERAL LIABILITY Policy Number: 68091-1382758 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section III - Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL. GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. mage 1 of 2 Includes the copyrighted material of Insurance Services Office, inc., with its permission COMMERCIAL GENERAL LIABILITY collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 8109 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA3C999002 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Larry walker Associates, Inc. Endorsement Effective Date: 04/01/2017 SCHEDULE Name Of Person(s) Or Organization(s): The City of Redlands, its elected officials, employees and agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Insured: Larry Walker Associates, Inc. Policy Number: WZP81038775 Effective Date: 04/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Waiver of Subrogation in favor of: The City of Redlands, its elected officials, employees and agents City of Redlands, MUED Attn: Shannon Simmers P. O. Box 3005 Redlands, CA 92373 WA.0 Countersigned by r Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: