AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND DAVID EVANS AND ASSOCIATES, INC.
THIS AGREEMENT FOR CONSULTING SERVICES ( this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and David Evans and Associates, Inc., an Oregon corporation (" Consultant" or " Contractor") parties hereby agree as follows:
Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant' s own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit " A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may 2 authorize extra and/ or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/ or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/ or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all 3 authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant' s finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant' s breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers ( collectively, " Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
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a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non -Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($ 25) for each worker employed in the performance of this 5 Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit " E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty- five percent ( 25%) or more the voting control of Consultant ( whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or G
net worth by twenty-five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non -Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit " A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of 7 law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant' s expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
9 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 23rd day of January, 2024.
CITY OF REDONDO BEACH, DAVID EVANS AND ASSOCIATES,
a chartered municipal corporation INC., an Oregon corporation EDocuSigned
by:
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William C. Brand, Mayor
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Eleanor Manzano, City Clerk
1/ 31/ 2024 1 8: 49 AM PST
APPROVED AS TO FORM:
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Michael W. Webb, City Attorney
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Diane Strickfaden, Risk Manager
10 EXHIBIT " A"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
I. CONSULTANT' S DUTIES
Consultant shall perform the following services.
A. Consultant shall provide on -call professional design and project services, including but not limited to, municipal and civil engineering, traffic and transportation engineering, water resources engineering, marine engineering, landscape architecture, surveying and mapping, project management, program management, permitting coordination, cost estimating, public outreach, constructability and value engineering reviews, bid review and analysis, construction observation, construction management and inspections, right of way acquisition services, and grant writing.
B. Upon City' s written request as described in Section ILA, Consultant shall prepare a written scope of work for the City' s requested tasks, including all components and subtasks, the cost to perform the task, including costs and markup from subcontractors, an explanation of how the cost was determined, and a schedule for completion of the task collectively " Task Proposal"). The costs specified in the Task Proposal shall be in accordance with Exhibit " C".
C. Upon the City' s written approval of the Task Proposal, the Consultant shall commence services for the task. Any language that does not pertain to the scope of work, compensation, or duration of agreement shall be deemed extraneous and not incorporated within this Agreement.
D. Consultant shall identify leading personnel used to accomplish the services in the Task Proposal. Consultant shall obtain City's approval of any substitutions of leading personnel for the task as soon as the need for a substitution is known.
E. Consultant shall identify any subcontractor(s) and include the work of subcontractors in the proposed scope of work. Consultant shall not replace the subcontractor for the task without the prior written approval of the City.
F. Consultant shall provide a task number for the City approved task. 11 G. Consultant shall complete the task and present all deliverables to the City by the completion date provided to City.
H. During performance of the services, Consultant shall provide a monthly written summary of progress on all on -call services to keep the City updated as to the status of performance. Consultant shall either draft a report or deliver an email to the City' s designated project manager.
Consultant shall provide all work product for review and acceptance by the City. Consultant shall revise the work product, at no additional charge, until it is approved by the City.
II. CITY' S DUTIES
City will perform the following services.
A. City will provide a written task request with a description of the work to be performed for the task, and the time desired for completion.
B. City, in its sole discretion, may approve, modify or reject the Consultant' s Task Proposal.
C. Notwithstanding anything described herein, in the event Article XIX of the City Charter and Chapters 6 and 6. 1 of Title 2 of the Redondo Beach Municipal Code apply to the work described herein, the Consultant shall not be authorized to perform the subject work under this Agreement.
12 EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on January 23, 2024 and continue through January 22, 2026 (" Term"), unless otherwise terminated as herein provided.
Consultant shall perform the services in accordance with the schedule in each Task Proposal. City may approve extensions for performance of the services in each task; provided, however, that the Consultant shall not work beyond the expiration date of this Agreement.
13 EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
AMOUNT. Consultant shall perform the work for all City approved Task Proposal( s) in accordance with the attached schedule, which is hereby incorporated.
II. EXPENSES. Expenses incurred by Consultant in performance of this work are incorporated in the attached rates and fees. No compensation shall be paid to Consultant unless it is provided in the attached rate and fee schedule. However, in the event Consultant incurs extraordinary expenses, City may reimburse Consultant; provided, however, that both parties execute a written amendment authorizing the reimbursement.
III. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Consultant, including reimbursable expenses, exceed $ 100, 000 during the term of this Agreement.
IV. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number.
B. All personnel who performed work on the Task Proposal.
C. Description of the work performed.
D. Number of hours worked
E. Hourly rate.
F. All City approved and documented subcontractor invoices.
G. If applicable, expenses incurred
Within the approved amount for each approved Task Proposal, and with the written approval of the City, a portion of the amount from one line item of the Task may be allocated to another line item of the Task so long as the total amount approved for the Task Proposal as described in Exhibit " A" is not exceeded.
Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and include the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back- up material upon request. If no work is performed in a given month, no invoice is required.
14 V. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty days of City's receipt of Consultant' s monthly invoice; provided that services are completed to the City's reasonable satisfaction and there is no dispute over the amount.
VI. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: David Evans and Associates, Inc.
17782 17t" Street, Suite 200
Tustin, CA 92780- 1947
Attention: Steven Anderson
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 15 DATE SUBMITTED: 12AP( 23
AGENCY/ CONTRACT:
On -Call Consulting Services
City of Redondo Beach
PRIME FIRM NAME: David, EvAwt, And Associates
Overhead Rate Audited (2022) %:
Fee/ Profit ( 2022) %: 1tj:INWIk
Staff Classification Title
Hourly Loaded Rate - December
19, 2023
Subject to
Prevailing Wage
1 Sean Haeri, PE, TE, CPM Senior Principal 363. 13
2 Eddie Guerrero, PE Principal in Charge 299. 98
3 Mark Oskorus, PE QA/ QC Manager 214. 47
4 Steven Anderson, PE, PMP Project Manager V 348. 16
5 Marie Marston, PE, QSD/ P Project Manager IV 290. 57
6 Greg Kim, EIT Project Manager III 280.34
7 Francois Zugmeyer, PE Civil Engineer V 255.77
8 Lander Pham, PE Civil Engineer IV 205. 25
9 Ryan Williams, EIT Civil Engineer II 156. 30
10 Abigail Hartman, EIT Civil Engineer II 141. 91
11 Suzanne Moubayed, EIT Civil Engineer III 161.67
12 Armen Ware Civil Engineer II 123. 15
13 Guido Fortier, SE Stuctural Engineer V 240.36
14 Alejandro Virgen Stuctural Engineer 1 135. 78
15 Kim Rhodes, PLA Landscape Architect Manager 271. 94
16 Todd Holmes, PLA Landscape Architect IV 198. 14
17 Heath Habig, PLA Landscape Architect III 179.86
18 Chosei Kusano Landscape Designer IV 148.41
19 Rachel Wells Landscape Designer III 126.31
20 Jon- Sen Oen, CID, CLIA Irrigation Designer IV 156. 30 X 21 Danny Wang Irrigation Designer II 155. 67 X
22 Dennis Barnes, PE, TE ITraffic Engineer V 283. 43
23 Rob Kilpatrick, PE, TE Traffic Engineer III 242.07
24 James Daisa, PE Traffic Engineer III 246.30
25 Trisha Munoz Traffic Designer III 142. 10
26 Hesham Ayeda Traffic Designer 1 106. 00
27 Bob Vasquez, PLS Survey Lead 271. 56
28 Rob Walker Survey Manager III 208. 41 X
29 Stephen Fenerty Survey Manager II 198.96 X
30 Jeremy Schiff Survey Analyst II 138. 94 X
31 Robert Muro Party Chief 187.91 X
32 Marga Rosso Administrative Support III 129. 46
33 Verna Peel Administrative Support II 112. 86
Direct Cost Unit Amount
1 Parking each Per receipt
2 Courier/ Mail each Per receipt
3 Copying B& W each 0. 12
4 Copying Color each 0. 90
5 Printing Services each Per receipt
Notes
1 The base rates stated are for December 19, 2023 and will remain in effect for the two year duration of the contract. 2 The annual escalation will not exceed the rate of increase for the cost of goods as provided by the CPI- U: Los Angeles- RiversideOrange County @ www. bls. gov 3 Prevailing wages are subject to the California Department of Industrial Relations @ www. dir. ca. gov 4 There will be no markup for direct costs, markups for subconsultant fees will not exceed 5%.
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant' s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1 / 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant' s profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/ location.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Errors and Omissions liability: $ 1, 000, 000 per occurrence.
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner' s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A: VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
17 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
IN
EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
W
8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1 / 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 20 ACOR" CERTIFICATE OF LIABILITY INSURANCE ll.. - 12/ 1/ 2024
DATE ( MMIDDIYWY)
1 1/ 17/ 2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER LOckton Companies CONTACT
NAME:
444 W. 47th Street, Suite 900
Kansas City MO 64112- 1906
816) 960- 9000
PHONE FAx
Est ac, No MAIL°
ADDRESS:
kcasuClockton. com
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A: Zurich American Insurance Company 16535
INSURED
DAVID EVANS AND ASSOCIATES, INC.
1330770 2100 S RIVER PARKWAY, SUITE 100
INSURER B : The Continental Casualty Company 20443
INSURER C : American Guarantee and Liab. Ins. Co. 26247 INSURER D : American Zurich Insurance Company PORTLAND OR 97201 40142 INSURER E :
INSURER F :
COVERAGES MAIN CERTIFICATE NUMBER: 20209297 REVISION NUMBER: XXXXXXX
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 THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
I
SUBR
POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY
POLICY EXP
MM/ DD/ YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE FxIOCCUR y
Y GL09830389 12/ 1/2023 12/ 1/2024 EACH OCCURRENCE 1, 000, 000 A AGE To RETE M
EaS enc oocu... 1,PREES ( 000, 000 MED
EXP (Any one person) 10, 000 PERSONAL &
ADV INJURY 1000 000 GEN'
LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 X POLICY JE LOC PRODUCTS - COMP/ OP AGG 2, 000, 000 OTHER:
C
AUTOMOBILE LIABILITY y
y BAP9930390 12/ 1/2023 12/ 1/ 2024 Ea ' cc( CMBIED1SINGLE LIMIT 1,
000, 000 X
BODILY AUTO OWNED INJURY (Per person) XXXXXXX ANY
SCHEDULED AUTOS
ONLY AUTOS BODILY
INJURY (Per accident) XXXXXXX PROPERTY
DAMAGE Per
accident XXXXXXX HIRED
NON - OWNED AUTOS
ONLY AUTOS ONLY XXXXXXX
A
UMBRELLA LIAB X
OCCUR N N SXS 6468058- 00 12/ 1/ 2023 12/ 1/ 2024 EACH OCCURRENCE 1, 000, 000 X AGGREGATE 1000 000 EXCESS LIAB CLAIMS - MADE DED
II RETENTION $ XXXXXXX D
WORKERS COMPENSATION EMPLOYERS' LIABILITY ANDY / N ANY
PROPRIETOR/ PARTNER/ EXECUTIVE OFFICER/
MEMBER EXCLUDED? Mandatory
in NH) N /
A Y
WC9336626 12/ 1/2023 12/ 1/ 2024 PER
OTH- X
STATUTE ER E.
L. EACH ACCIDENT 1 000 000 E.
L. DISEASE - EA EMPLOYEE 1,000, 000 If
yes,
OF
describe under DESCRIPTION
OPERATIONS below E. L. DISEASE - POLICY LIMIT I $ 1 000 000 B PROFESSIONAL N N AEH111924714 12/ 1/2023 12/ 1/2024 PER CLAIM $1,000, 000 LIABILITY ANNUAL AGGREGATE $1,000, 000 DESCRIPTION
OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE:
PROJECT NUMBER: CRDB0000- 0002 PROJECT NAME: ON -CALL PROFESSIONAL DESIGN & PROJECT SERVICES. THE CITY, ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES,
AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON- CONTRIBUTORY, S
IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION/ EMPLOYER' LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. t"= IZAI MLh_\INoiLei 41Ja hL1 LhaA111FL\ ILei 0 ITRW. I11I ATQ III6 W"I 20209297 CITY OF
REDONDO
BEACH, PUBLIC WORKS D ATTN: ANDREW WINJE,
CITY ENGINEER SHOULD ANY OF
THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT 11
1° !6
Al t7 19RX- 015
ACORD CORPORATION_ All rights raaarvad ACORD 25 (2016/
03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M503337 Certificate ID: 20209297 Additional Insured — Owners, Lessees Or Contractors
Scheduled Person Or Organization
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person( s)
Location( s) Of Covered Operations
Or Organization( s):
Any person or organization you are required to add Any Location where you have agreed, through a written contract, agreement or permit, to provide
as an additional insured in a written contract or Additional insured coverage except where such written agreement. Contract or agreement is prohibited by law.
A. Section II — Who Is An Insured is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule of this endorsement, but only with respect to liability for " bodily injury", " property damage" or personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured( s) at the location( s) designated in such Schedule.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to " bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or
2. That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
All other terms, conditions, provisions and exclusions of this policy remain the same.
U- GL- 2169- A CW ( 02/ 19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Miscellaneous Attachment: M503356 Certificate ID: 20209297 Additional Insured — Owners, Lessees Or Contractors
Completed Operations
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s):
Location And Description Of Completed Operations
Any location or project where you are required to provide Any person or organization you are required to add
additional insured status in a written contract or written as an additional insured under a written contract or
agreement, except where such contract or agreement is
written agreement.
prohibited by law.
Section II — Who Is An Insured is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule of this endorsement, but only with respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work" at the location designated and described in such Schedule, performed for that additional insured and included in the " products - completed operations hazard".
All other terms, conditions, provisions and exclusions of this policy remain the same.
U- GL- 2168- A CW ( 02/ 19)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Miscellaneous Attachment: M503490 Certificate ID: 20209297 POLICY NUMBER: GLO 9830389
Other Insurance Amendment - Primary And
Non -Contributory
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4. b. of the Other Insurance Condition 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, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same ' occurrence", offense, claim or " suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.
All other terms and conditions of this policy remain unchanged.
U- GL- 1327- A CW
Miscellaneous Attachment: M460257 Certificate ID: 20209297 Waiver Of Subrogation ( Blanket) Endorsement
Policy No. Eff. Date of Pol. Exp. Date of Pol.
G LO 9830389 12/ 01 / 2023 12/ 01 / 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.
U-GL-925- B CW ( 12/ 01)
Miscellaneous Attachment: M503408 Certificate ID: 20209297 POLICY NUMBER: BAP 983039000MMERCIAL AUTO
CA20481013
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: David Evans and Associates, Inc.
Endorsement Effective Date: 12/ 1/ 2023
SCHEDULE
Name Of Person( s) Or Organization( s): Any person or organization you are required to provide additional insured status on a primary basis, in a written contract or agreement, except where such contract or agreement is prohibited by law.
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 © Insurance Services Office, Inc., 2011 Page 1 of 1 Attachment Code: D465278 Certificate ID: 20209297
POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
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 the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: DAVID EVANS AND ASSOCIATES, INC.
SCHEDULE
Name( s) Of Person( s) Or Organization( s):
ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR
RIGHTS OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a contract with that person or organization.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 6 ` J
Miscellaneous Attachment: M460261 Certificate ID: 20209297
WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
WC 00 03 13 ( Ed. 04- 84)
POLICY NUMBER: WC9336626
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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 required you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
SCHEDULE
Any person or organization that requires you to waive your rights of recovery in a written contract or agreement with the Named Insured.
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.)