2400 - Garvey Park Rain Garden Project (Urban Water Group, Inc) - Professional Design Services AgreementPROFESSIONAL DESIGN SERVICES AGREEMENT
GARVEY PARK RAIN GARDEN
(URBAN WATER GROUP, INC.)
This AGREEMENT by and between the CITY OF ROSEMEAD, a municipal
corporation and general law city ("CITY") and Urban Water Group, Inc., a California
Corporation ("CONSULTANT"), and is dated (Effective
Date).
1. CONSIDERATION.
(A) As partial consideration, CONSULTANT agrees to perform the Services
listed in the SCOPE OF SERVICES, below; and
(B) As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement; and
(C) As additional consideration, CITY agrees to pay CONSULTANT a sum not
to exceed ten thousand four hundred fifty-two dollars ($10,452.00) for CONSULTANT's
Services. CITY may modify this amount as set forth below. Unless otherwise specified
by written amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit(s) "A - Proposal for Rain Garden Design and Consulting Services " which
is/are incorporated by reference.
2. SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s) "_A_"
which is/are incorporated by reference.
(B) CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all tests,
testing and analyses, calculation, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by CITY, necessary or proper to perform
and complete the Services and provide the professional Services required of
CONSULTANT by this Agreement.
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My name is Arlene, and I am reaching out on behalf of the City of Rosemead. We recently
received a $75,000 funding offer from the Water Foundation to support community
outreach through rain garden events.
I came across your website and saw that your organization offers rain garden design
services. We're interested in using a portion of the funding to design two small
demonstration rain gardens at City parks.
Our vision is to host two community events where residents can take part in planting the
rain gardens. We're currently coordinating with the LA Conservation Corps for the labor
(installation and planting). By involving residents directly, we hope to promote water -wise
landscaping practices throughout homes in the community.
Would you be able to provide a quote for the design of two small rain gardens? We are still
determining the location for the rain gardens but are thinking of Garvey Park and
Rosemead Park.
I'd be happy to schedule a call to discuss the project in more detail. Please feel free to
reach out with any questions.
I am looking forward to your response, thank you!
Arlene Tieu
Administrative Analyst
Department of Public Works
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KOSE1v7EAD
8838 E. Valley Blvd
Rosemead, CA 91770
Office: (626) 569-2249
Cell: (626) 806-2386
3. PERFORMANCE STANDARDS.
(A) By executing this Agreement, CONSULTANT represents that it possesses
the capacity and experience to perform the Services under the Agreement in a manner
consistent with the professional skill and care ordinarily provided by members of
CONSULTANT'S profession practicing in the same or similar locality under the same or
similar circumstances ("the Standard of Care") and in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in dealing
with private consultants, and experience in dealing with public agencies all suggest that
CONSULTANT is capable of performing the proposed contract and has a demonstrated
capacity to deal fairly and effectively with and to satisfy a public CITY.
(B) CONSULTANT will perform its Services in a skillful manner, comply fully
with the Standard of Care and all City established criteria, and with all applicable federal,
state, and local laws, codes, and professional standards. r
(C) CONSULTANT agrees to comply with all applicable federal and state
employment laws regulations and rules including those that relate to minimum hours and
wages, occupational health and safety, workers compensation insurance and state,
county and local orders.
(D) CONSULTANT will staff this Agreement with personnel qualified to
adequately and professionally perform the Services.
(E) CONSULTANT will not subcontract any portion of these Services without
the CITY's prior written approval.
(F) CITY's approval of any payment, or conducting of any inspection, reviews,
approvals, or oral statements, or any governmental entity's certification, will in no way
limit the CONSULTANT's obligations under this Agreement or CONSULTANT's complete
responsibility for all Services hereunder.
4. PAYMENTS.
(A) For CITY to pay CONSULTANT as specified by this Agreement and as
provided in attached Exhibit(s) "_A " , CONSULTANT must submit a detailed
invoice to CITY which lists the hours worked and hourly rates for each personnel category
and reimbursable costs (all as set forth in Exhibit(s) "_A " the tasks performed, the
percentage of the task completed during the billing period, the cumulative percentage
completed for each task, the total cost of that Services during the preceding billing month
and a cumulative cash flow curve showing projected and actual expenditures versus time
to date.
(B) CITY may withhold all or a portion of payment otherwise due in the event
that Services are either improperly or not performed. In such event, CITY shall so notify
CONSULTANT in writing within fifteen (15) calendar days of receipt of the invoice and
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shall identify in writing the specific cause for withholding and shall pay that portion of the
invoice not in dispute in accordance with the other payment terms of this Agreement. Any
dispute over invoiced amounts due which cannot be resolved within twenty-five (25)
calendar days after presentation of invoice by direct negotiation between the parties shall
be resolved within thirty (30) calendar days thereafter in accordance with the Dispute
Resolution provision of this Agreement.
5. PROJECT COORDINATION AND SUPERVISION.
(A) CONSULTANT will assign Tom Rau as CONSULTANT's Project Manager
and will be responsible for job performance, negotiations, contractual matters, and
coordination with CITY's Project Manager. CONSULTANT may change its Project
Manager only with CITY consent.
(B) CITY will assign Sam Gutirrez as CITY's Project Manager, will be personally
in charge of and personally supervise or perform the technical execution of the project on
a day-to-day basis on behalf of CITY, and will maintain direct communication with
CONSULTANT's Project Manager. CITY may change its Project Manager at any time
with notice to CONSULTANT.
6. NON -APPROPRIATION OF FUNDS. Payments due and payable to
CONSULTANT for current Services are within the current budget and within an available,
unexhausted and unencumbered appropriation of the CITY. In the event the CITY has
not appropriated sufficient funds for payment of CONSULTANT Services beyond the
current fiscal year, this Agreement will cover only those costs incurred up to the
conclusion of the current fiscal year.
7. FAMILIARITY WITH SERVICES AND SITE.
(A) By executing this Agreement, CONSULTANT represents that it has,
consistent with the Standard of Care:
(i) Carefully investigated and considered the scope of Services to be
performed; and
(ii) Carefully considered how the Services should be performed; and
(iii) Understands the reasonably discoverable facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
(B) If the Services under this Agreement are to be performed upon any site, or
otherwise require CONSULTANT to access a site, by executing this Agreement
CONSULTANT represents that it has or will investigate the site and is or will be fully
acquainted with the visible conditions there existing, before commencing the Services
under this Agreement.
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8. TERM.
(A) The term of this Agreement will be from Effective Date shown above to
October 28, 2026, unless otherwise determined by written amendment between the
parties, this Agreement will terminate in the following instances: (1) Completion of the
Services specified in Exhibit(s) " A " , or (2) Termination pursuant to Section 17
TERMINATION.
(B) Except as otherwise separately and expressly provided by the CITY in
writing, the provisions of this Agreement shall survive any expiration, breach, or
termination of this Agreement, and any completion of the Services.
9. TIME FOR PERFORMANCE.
CONSULTANT will not perform any Services under this Agreement until:
(A) CONSULTANT furnishes proof of insurance as required under Section 24
INSURANCE; and
(B) CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving written
authorization to proceed, any such professional Services are at CONSULTANT's own
risk.
10. SCHEDULE OF PERFORMANCE AND EXTENSIONS.
(A) Should the progress of the Services under this Agreement at any time fall
behind schedule for any reason other than excusable delays CONSULTANT shall apply
such additional manpower and resources as necessary to bring progress of the Services
under this Agreement back on schedule and consistent with the standard of professional
skill and care required by this Agreement. Time is of the essence in the performance of
this Agreement.
(B) Should CONSULTANT be delayed by causes beyond CONSULTANT's
control, CITY agrees that CONSULTANT is not responsible for damages arising directly
or indirectly from such delays, and may grant a time extension for the completion of the
contracted Services. If delay occurs, CONSULTANT must notify the CITY's designated
representative as set forth in Section 38, in writing, of the cause and the extent of the
delay and how such delay interferes with the Agreement's schedule. The CITY will extend
the completion time, when appropriate, for the completion of the contracted Services.
11. CHANGES. CITY may order changes in the Services within the general scope of
this Agreement, consisting of additions, deletions, or other revisions, and the contract
sum and the contract time will be adjusted accordingly. All such changes must be
authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY
resulting from changes in the Services will be determined in accordance with written
agreement between the parties.
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12. ADDITIONAL SERVICES.
(A) The CITY may request CONSULTANT to provide Services in addition to
Scope of Services, called "Additional Services". Additional Services that incur additional
costs (contingency) of up to 15% of the total contract amount must be authorized by CITY
by change order or other documented means. Costs beyond this amount must first be
approved by CITY in accordance with applicable thresholds and procedures. Additional
Services must be authorized by CITY in writing prior to performance. CONSULTANT
shall be compensated for Additional Services as set forth in Exhibit(s) " _A_ " or as
specified in the written authorization.
(B) If CONSULTANT believes Additional Services are needed to complete the
Scope of Services, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed additional Services, reasons for such
additional Services, and a detailed proposal regarding cost. CITY is under no obligation
to approve any increase in the agreed-upon costs for the performance of this Agreement.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required in connection with the performance of Services under
this Agreement.
14. SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT
CONDITIONS. The discovery, presence, handling or removal of hazardous substances
is outside of CONSULTANT's expertise, unless otherwise specified in Exhibit(s) "_A_",
and is not included in the scope of Services. Should CONSULTANT discover any
hazardous material, or latent or unknown conditions that may materially affect the
performance of the Services, CONSULTANT will immediately inform CITY of such fact
and will not proceed except at CONSULTANT's own risk until written instructions are
received from CITY.
15. PREVAILING WAGES. CONSULTANT shall comply with the California Prevailing
Wage Law to the extent it applies to work performed under this Agreement. If applicable,
CONSULTANT shall pay prevailing wages to its employees and shall comply with the
additional provisions set forth below:
(A) CONSULTANT shall pay prevailing wages to its employees on any
agreement when required by applicable law. Copies of the general prevailing rates of per
diem wages for each craft, classification, or type of worker needed to execute the
Agreement, as determined by the Director of the State of California Department of
Industrial Relations, are on file at the County's Capital Projects Office and may be
obtained from the California Department of Industrial Relations website
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONSULTANT shall comply
with the 8 -hours per day/40 hours per week/overtime/working hours restrictions for all
employees, pursuant to the California Labor Code. CONSULTANT and all
subconsultants shall keep and maintain accurate employee payroll records for Work
performed under the Agreement. The payroll records shall be certified and submitted as
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required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including
to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply
fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the
Agreement.
(B) CONSULTANT acknowledges and agrees that it will comply with AB 1768
(effective January 1, 2020), which amended and expanded the definition of "construction"
for which prevailing wages must be paid to include "work performed during the design,
site assessment, feasibility study, and other pre -construction phases of
construction ... regardless of whether any further construction work is conducted..."
(C) CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties
as provided by the California Labor Code, for each laborer, workman, or mechanic
employed in performing labor in and about the Work provided for in the Agreement for
each day, or portion thereof, that such laborer, workman or mechanic is paid less than
the said stipulated rates for any work done under the Agreement by him or her or by any
Subconsultant under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of
Division II of the California Labor Code. The sums and amounts which shall be forfeited
pursuant to this Paragraph and the terms of the California Labor Code shall be withheld
and retained from payments due to CONSULTANT the California Labor Code, but no sum
shall be so withheld, retained or forfeited except from the final payment without a full
investigation by either the State Department of Industrial Relations or by Owner. The
Labor Commissioner pursuant to California Labor Code §1775 shall determine the final
amount of forfeiture.
(D) CONSULTANT shall insert in every subcontract or other arrangement which
CONSULTANT may make for performance of Work or labor on Work provided for in the
Agreement provision that Subconsultant shall pay persons performing labor or rendering
service under subcontract or other arrangement not less than the general prevailing rate
of per diem wages for work of a similar character in the locality in which the Work is
performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work fixed in the California Labor Code.
(E) CONSULTANT and Subconsultants must keep accurate payroll records,
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in connection
with the Work of the Agreement Documents. Each payroll record shall contain or be
verified by a written declaration as required by Labor Code Section 1776. The payroll
records enumerated above must be certified and shall be available for inspection at all
reasonable hours at the principal office of CONSULTANT as required by Labor Code
Section 1776. This Project is subject to prevailing wage compliance monitoring and
enforcement by the Department of Industrial Relations.
16. WAIVER. CITY's review or acceptance of, or payment for, Services or product
prepared by CONSULTANT under this Agreement will not be construed to operate as a
waiver of any rights CITY may have under this Agreement or of any cause of action arising
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from CONSULTANT's performance. A waiver by CITY of any breach of any term,
covenant, or condition contained in this Agreement will not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant, or condition contained
in this Agreement, whether of the same or different character.
17. TERMINATION
(A) Termination for Convenience. CITY may terminate this Agreement at any
time with or without cause by written notice to CONSULTANT.
(i) CONSULTANT will be entitled to recover its costs expended up to
the termination plus reasonable profit thereon to the termination date not to exceed the
total costs under Section 1(C), but may recover no other loss, cost, damage, or expense.
(B) Termination for Cause. CITY may terminate this Agreement in whole or
part for default should CONSULTANT commit a material breach of this Agreement, and
such breach has not been cured within fifteen (15) calendar days of the date of CITY's
written notice to CONSULTANT demanding such cure. In the event CITY terminates this
Agreement for default, CONSULTANT will be liable to CITY for all costs to cure the
deficiencies, and all loss, cost, expense, damage, and liability resulting directly from such
breach and termination. CONSULTANT may terminate this Agreement for cause if CITY
commits a material breach of this Agreement, and such breach has not been cured within
fifteen (15) calendar days of the date of CONSULTANT'S written notice to CITY
demanding such cure.
(C) Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination notice.
Except as otherwise provided in the termination notice, any Services performed by
CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S
own cost; CITY will not be obligated to compensate CONSULTANT for such Services.
(D) Upon a termination, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT will
become CITY's property and CONSULTANT will deliver any such items in its possession
to CITY within thirty (30) days of termination, subject to the provisions under Section 18.
(E) Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms Services similar to those terminated.
18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, plans,
maps, models, photographs and reports prepared by CONSULTANT under this
Agreement (except for CONSULTANT'S standard details, designs, and specifications)
will become CITY's property upon payment to CONSULTANT for the Services resulting
in such materials. CONSULTANT may retain copies of said documents and materials as
desired, but will deliver all original materials to CITY upon CITY's written notice, provided
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CITY is not in default of its payment obligations hereunder. CITY agrees that modification
of such materials without the involvement of CONSULTANT or use of CONSULTANT's
materials or Services for purposes other than identified in this Agreement is at CITY's
own risk.
19. PUBLICATION OF DOCUMENTS. Except as necessary for performance under
this Agreement, CONSULTANT will not release copies, sketches, or graphs of materials,
including graphic art services, prepared pursuant to this Agreement to any other person
or public entity without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the
parties.
20. INDEMNIFICATION AND LIABILITY. For claims related to design professional
services which fall under Civil Code 2782.8 and to the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all claims,
losses, liabilities, damages, costs, and expenses, including attorney's fees and costs, to
the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant. Consultant's duty to defend shall consist of reimbursement
of defense costs incurred by City in direct proportion to the Consultant's proportionate
percentage of fault. Consultant's percentage of fault shall be determined, as applicable,
by a court of law, jury, or arbitrator. In the event any loss, liability or damage is incurred
by way of settlement or resolution without a court, jury or arbitrator having made a
determination of the Consultant's percentage of fault, the parties agree to mediation with
a neutral third -party to determine the Consultant's proportionate percentage of fault for
purposes of determining the amount of indemnity and defense cost reimbursement owed
to the City.
For all other liabilities
Notwithstanding the foregoing and without diminishing any rights of City under
Indemnification and Defense for Professional Services, for any liability, claim, demand,
allegation against City arising out of, related to, or pertaining to any negligent act or
omission of Consultant, but which is not a design professional service, Consultant shall
defend, indemnify, and hold harmless City, its officials, employees, and agents
("Indemnified Parties') from and against any and all damages, costs, expenses (including
reasonable attorney's fees and expert witness fees), judgments, settlements, and/or
arbitration awards, whether for personal or bodily injury, property damage, or economic
injury, and arising out of, related to, any concurrent or contributory negligence on the part
of the City, except for the sole or active negligence of, or willful misconduct of the City.
21. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT or any subconsultant's attempts to assign the benefits or burdens of this
Agreement without CITY's written approval are prohibited and will be null and void.
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22. INDEPENDENT CONTRACTOR. CONSULTANT shall at all times be deemed an
independent contractor wholly responsible for the manner in which it performs the
Services, and fully liable for the acts and omissions of its employees, subconsultants and
agents. Under no circumstances shall this Agreement be construed as creating an
employment, agency, joint venture or partnership relationship between CITY and
CONSULTANT, and no such relationship shall be implied from performance of this
Agreement. Terms in this Agreement referring to direction from CITY shall be construed
as providing for direction as to policy and the result of Services only, and not as to means
and methods by which such a result is obtained. CONSULTANT shall pay all taxes
(including California sales and use taxes) levied upon this Agreement, the transaction, or
the Services and/or goods delivered pursuant hereto without additional compensation,
regardless of which party has liability for such tax under applicable law, and any
deficiency, interest or penalty asserted with respect thereto. CONSULTANT shall pay all
other taxes including but not limited to any applicable City business tax, not explicitly
assumed in writing by CITY hereunder. CONSULTANT shall comply with all valid
administrative regulations respecting the assumption of liability for the payment of payroll
taxes and contributions as above described and to provide any necessary information
with respect thereto to proper authorities. CONSULTANT has no authority to bind the
CITY.
23. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all Services and matters covered under this Agreement. Those records
include, without limitation, correspondence, internal memoranda, calculations, books and
accounts, accounting records documenting its services under its Agreement, and
invoices, payrolls, records and all other data related to matters covered by this
Agreement. CITY and its designees will have free access at all reasonable times to such
records, including the right to audit, examine, and make copies, excerpts, and transcripts
from such records, and to inspect all program data, documents, proceedings and
activities. If CITY receives funds from another governmental entity for the payment in
whole or part of the Services, that governmental entity will have all rights the CITY has
under this Section. CONSULTANT will retain all records subject to this Section for at
least three (3) years after termination or final payment under this Agreement.
24. INSURANCE. [All insurance terms subject to review and approval of City
Risk Manager]
(A) Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits set forth
below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional liability $1,000,000
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Business automobile liability $1,000,000
Workers compensation Statutory requirement
(B) Commercial general liability insurance: Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance
Services Office form CG 00 01, in an amount not less than $1,000,000 each occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(C) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the Consultant arising out of or in
connection with Work to be performed under this Agreement, including coverage for any
owned, hired, non -owned, or rented vehicles, in an amount not less than 1,000,000
combined single limit each accident. If Consultant owns no vehicles, this requirements
may be satisfied by a Non -Owned auto endorsement to the general liability policy
describe above.
(D) Professional liability: Consultant shall maintain professional liability
insurance that covers the Services to be performed in connection with this Agreement, in
the minimum amount of $1,000,000 each claim and annual aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the services required by this agreement
(E) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Coverage) and Employers Liability Insurance (with
limits of at least $1,000,000) each accident, disease each employee, and disease policy
limit.
Consultant shall submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(F) CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance digitally signed by its agent evidencing maintenance of the insurance required
under this Agreement, including endorsements, and such other evidence of insurance or
copies of policies as may be reasonably required by CITY from time to time. Insurance
must be placed with California -admitted or non -admitted insurers with (other than workers
compensation) a current A.M. Best Company Rating of at least "A:VII."
(G) Waiver of Subrogation: The insurer(s) agree to waive all rights of
subrogation against CITY, its elected or appointed officers, officials, agents, volunteers
and employees for losses paid under the terms of the workers compensation policy which
arise from work performed by CONSULTANT for CITY.
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(H) Primary/noncontributing. General liability and non -owned automobile
liability only provided by Consultant shall be primary and any insurance or self-insurance
procured or maintained by City shall not be required to contribute with it.
(1) Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate pursuant to contract language. In the
alternative, should CONSULTANT fail to meet any of the insurance requirements under
the Agreement, City may terminate this Agreement immediately with no penalty.
(J) Should CONSULTANT'S insurance required by this Agreement be
cancelled at any point prior to expiration of the policy, CONSULTANT must notify City
within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must
obtain replacement coverage that meets all contractual requirements within 10 days of
the prior insurer's issuance of notice of cancellation. CONSULTANT must ensure that
there is no lapse in coverage.
(K) The CITY shall be entitled to any coverage in excess of the minimums
required herein.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the Services, which will include a schedule update and a short narrative
description of progress during the past month for each major task, a description of the
Services remaining and a description of the Services to be done before the next schedule
update.
26. DISPUTE RESOLUTION
(A) In the event of any dispute between CONSULTANT and CITY regarding
any claim, demand or request by CONSULTANT for time, money, or additional
compensation for any reason whatsoever CONSULTANT shall submit to CITY, within 21
days of CONSULTANT's first knowledge of the dispute, a written description of
CONSULTANT's claim, demand or request that provides a narrative of the pertinent
events, the contractual basis of the CONSULTANT's position, pricing calculations (if
applicable) and attaches supporting documentation. CITY will then review the issue and
make a decision thereon. If CONSULTANT shall fail to provide timely notice of any such
claim, demand or request, then CONSULTANT shall waive is rights to such claim,
demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice
to CITY resulting from such late notice. CONSULTANT shall continue its work throughout
the course of any dispute provided CITY continues making undisputed payments, and
CONSULTANT's failure to continue work during a dispute shall be a material breach of
this Agreement.
(B) If the CITY denies CONSULTANT's claim, demand, or request in whole or
part and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000
then the parties shall, as a precondition to initiating litigation, submit the dispute claim,
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demand, or request to the Los Angeles JAMS office for non-binding mediation under the
appropriate rules. The parties may agree to any other dispute resolution process.
Nothing herein will limit CONSULTANT's obligation to timely submit to CITY a statutory
Government Code Claim, in accordance with Government Code sections 910 et seq.
27. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
If to CONSULTANT:
Urban Water Group, Inc
746 S. Los Angeles Street #610
Los Angeles, CA 90014
ATTN: Tom Rau
If to CITY:
City of Rosemead
ATTN: Ben Kim, City Manager
8838 E. Valley Blvd
Rosemead, CA 91770
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three days after deposit thereof in the United States mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the names
or addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this Section.
28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file
in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING
FIRM to notify the CITY pursuant to Section 27 NOTICES of any staff changes relating to
this Agreement.
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed
nor retained any company or person, other than CONSULTANT's bona fide employee, to
solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid
nor has it agreed to pay any company or person, other than CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
30. THIRD PARTY BENEFICIARIES. CONSULTANT's subconsultants shall agree to
be bound to the terms of the Agreement to the extent of their scope of services, including
but not limited to, terms regarding indemnity and dispute resolution, and shall agree that
CITY is deemed an express third party beneficiaries of their subconsultant agreement.
Nothing in this Agreement, however, shall operate to confer such or similar rights or
benefits on persons or entities not party to this Agreement.
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31. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California. The exclusive venue for any action
involving this Agreement will be in Los Angeles County.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties with respect to the subject matter hereof. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
There is/are one ) Exhibits (s) to this Agreement. To the extent of a conflict between
this Agreement and one of the Exhibits, the terms of the Agreement shall take
precedence. This Agreement will bind and inure to the benefit of the parties to this
Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be construed
simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly
for or against either party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Agreement will
continue in full force and effect.
35. AUTHORITY/MODIFICATION. The parties represent and warrant that all
necessary action has been taken by the parties to authorize the undersigned to execute
this Agreement and to engage in the actions described herein. To the extent of any
contingency above the original Agreement amount previously approved by the CITY's
City Council, additional Services may be added to this Agreement by an additional
authorization executed by both parties. This Agreement may be otherwise modified by
written amendment, which generally requires approval of the CITY's City Council. CITY's
City Manager, or designee, may execute any such authorization or amendment on behalf
of CITY.
36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are
for convenience of reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of
this Agreement.
38. DELAY. CONSULTANT shall complete all Services required by this Agreement
within the times specified in the Agreement, except where (1) an event outside of
CONSULTANT's reasonable control causes a delay and (2) CONSULTANT promptly
advises CITY of such delay (such prompt notice to occur no more than 15 days after the
discovery of the first occurrence of the delay). Such events shall be limited to: acts of
neglect by CITY or CITY's agents or by consultants when acting at CITY's direction;
breaches of this Agreement by CITY; Acts of God such as fire and flood; explosion, acts
of terrorism, war and embargo; and other similar causes beyond the Parties' reasonable
13
#11266145v1
control. In the event of an excusable delay the City may elect whether to terminate this
Agreement or extend the time for performance.
39. PROTECTION OF RESIDENT WORKERS. The CITY actively supports the
Immigration and Nationality Act (INA) which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Underthe INA, employers may
hire only persons who may legally work in the United States (i.e., citizens and nationals
of the U.S., and aliens authorized to work in the U.S.). The employer must verify the
identity and employment eligibility of anyone to be hired, which includes completing the
Employment Eligibility Verification Form (Form 1-9), reviewing required proofs of both
identify and employment authorization, and retaining the Form 1-9 for the required period.
Updated form 1-9 information is available at www.uscis.gov. The CONSULTANT shall
establish appropriate procedures and controls so no Services or products under the
Agreement will be performed or manufactured by any worker who is not legally eligible to
perform such Services or employment.
40. FACSIMILE OR ELECTRONIC TRANSMISSION OF CONTRACT_ _AND
SIGNATURE. The parties agree that this Agreement may be transmitted and signed by
facsimile or electronic mail by either/any or both/all parties, and that such signatures shall
have the same force and effect as original signatures, in accordance with California
Government Code section 16.5 and Civil Code section 1633.7.
[SIGNATURES ON NEXT PAGE]
14
#11266145v1
CITY OF ROSEMEAD
— �zd
Ben K]m y Manager ate
Attest:
01,
Ericka Hernandez, City Clerk Date
Approved as to Form:
J AM
far t1 13S
Rachel Richman Date
City Attorney
URBAN WATER GROUP, INC.
wel f
Name: WAJ,-i KAV
Title: V l e elkwan -
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Name: //,o ' .
Title:
pCER
sEAi 0
NOVEMBER 21, 2015
•�'••, �qC �FORN�P ••••
T I
■'
4p
ACORO® CERTIFICATE OF LIABILITY INSURANCE
°"�`N"°°""""'
��
70/21/2025
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(iss) 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 endoreement(s).
PRODUCER
IOA Insurance Services
130 Vantis, Suite 250
Aliso Viejo, CA 92656
NAME: CT AVC Donna Esquivel
PHONE 949 297-5962 NC No:
UUCExth
ADDRESS, donna.es uivel ioausacom
INSURER(S) AFFORDING COVERAGE NAICM
RKA0400297
INSURERA: RLI Insurance Company 13056
www.ioausa.com CA License #OE67768
INSURED
Urban Water Group, Inc.;
dba: Urban Landscape Innovations
746 S. Los Angeles Street, Suite 610
INSURER B: Houston Casualty Company 42374
INSURER C:
INSURER D:
INSURERE:
Los Angeles CA 90014
INSURER F:
COVERAGES CERTIFICATE NUMBER R77M9R1 RFVISInN NIIMRFR-
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.
ILTR
TYPE OF INSURANCE
ADDL
SUER
POLICYNUMBER
MMNOYrYEFF
MMfDo EI(P
LIMITS
A
1/ COMMERCIAL GENERAL LIABILITY
�/
�/
RKA0400297
12/21/2024
12/21/2025
EACH OCCURRENCE $1000000
CLAIMS -MADE 7✓ OCCUR
✓ Primary/Non-Contributory
Blanket At Endt
#RGL3720417
Professional Services
A NPFGTTO– REM SES Ea —T _ED
$300,000
MED EXP (Any one person $5,000
✓ Wavier of Subrogation
PERSONAL &ADV INJURY $1,000,000
performed by the Insured
GEN1 AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE $2,000,000
are Excluded
POLICY F,/1JE(T 7/ LOC
PRODUCTS-COMP/OP AGO $2000000
$
OTHER:
A
AurOMOSILELIABILrrY
RKA0400297
12/21/2024
12/21/2025
Eo eBBINl ED SINGLE LIMIT $1,000,000
BODILY INJURY (Per Person) $
ANY AUTO
Included in General
OWNED SCHEDULED
AUTOS ONLY AUTOS
Liability
BODILY INJURY (Per accident) $
✓
HIRED NON -OWNED
AUTOS ONLY ✓ AUTOS ONLY
PROPERTYDAMAGE $
Per accident
If
UMBRELLALIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAR
CLAIMS -MADE
DED RETENTION
$
WORKERS COMPENSATION
ANDEMPLOYERS'LV1BILnY YIN
ANYPROPRIETOR/PARTNERIEXECUTNE
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT E
OFFICER/MEMBEREXCLUDED? ❑
NIA
E.L. DISEASE -EA EMPLOYEE S
(Mandatory In NH)
If ym, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT 1 $
B
Contractors' Professional Liability
HCC2471356
12/21/2024
12/21/2025
$2,000,000 Each Claim
including Pollution Incident
$2,000,000 Annual Aggregate
Claims -Made
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may Iw aaacMd H mon spa" Is required)
Any person or organization that the Insured agrees in a written Contract or agreement requiring insurance to include, is an Additional Insured on a
Primary and Non -Contributory basis including Waiver of Subrogation with respect to General Liability (GL), but only to the extent provided within the
Endorsement noted above and attached. GL includes Separation of Insureds and Contractual Liability per limitations in the GL Coverage form. Coverage
is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation / 10 Days for Non -Payment in accordance with
policy provisions.
Rain Garden Project
City of Rosemead
8838 E. Valley Blvd.
Rosemead CA 91770
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
01988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
67704281 1 12/24-25 OL 6 PL Cert Commercial I (AVC) Dom,a Esquivel 1 10/21/2025 10:05:17 AM (PDT) I Page 1 of 2
Policy Number: RKA0400297
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - YOUR WORK - INCLUDING PRODUCTS -
COMPLETED OPERATIONS HAZARD
WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement only applies to "bodily injury" or "property damage" arising out of "your work" that is performed
in the following state(s): CALIFORNIA
A WHO IS AN INSURED (Section 11) is amended
to include as an additional insured any person(s)
or organization(s) whom you are required to add
as an additional insured on this policy pursu-
ant to a written contract or written agreement
which is:
1. Valid and legally enforceable;
2. Currently in effect or becoming effective dur-
ing the term of this policy; and
3. Executed prior to an "occurrence" resulting
in "bodily injury" or "property damage".
B. If agreed in the written contract or written agree-
ment, the coverage provided to the additional in-
sured shall be primary non-contributory to the
same extent as a named insured on the policy.
C. The insurance provided to the additional insured
is limited as follows:
1. The person or organization is an additional
insured only with respect to liability for "bod-
ily injury" or "property damage" specifically
resulting from your sole negligence in the
performance of "your work" for the additional
insured which is the subject of the written
contract or written agreement.
2. The Limits of Insurance applicable to the ad-
ditional insured are the lesser of the availa-
ble limits in this policy, or those limits you
agreed to provide in the written contract or
written agreement.
3. The coverage provided to the additional in-
sured by this endorsement does not apply to
"bodily injury" or "property damage" arising
out of the "products -completed operations
hazard" unless required by the written con-
tract or written agreement. When coverage
does apply to "bodily injury" or
"property damage" arising out of the "prod-
ucts -completed operations hazard" such
coverage will cease at the earliest of the fol-
lowing:
a. The period of time specified by the writ-
ten contract or written agreement.
b. The expiration date of this policy.
4. With respect to the coverage provided under
this endorsement, the following duties are
added to Section IV — Commercial General
Liability Conditions, paragraph 2. Duties
In The Event of Occurrence, Offense,
Claim or Suit:
e. An additional insured under this en-
dorsement will as soon as practicable:
(1) Give written notice of an occurrence
to us which may result in a claim or
"suit" under this insurance;
(2) Agree to trigger or activate any other
insurance which the additional in-
sured has for a loss we cover under
this Coverage Part by tendering the
defense to the insurers of all such
other insurance.
5. If required by the written contract or written
agreement, we waive the right of recovery
we may have against the additional insured
to which this endorsement applies for pay-
ments we make for "bodily injury" or "prop-
erty damage" arising out of "your work" on
the written contract or written agreement.
However, such waiver does not apply to pay-
ments for liability apportioned to the addi-
tional insured.
6. Unless otherwise agreed in the written con-
tract or written agreement, this insurance is
excess over any other insurance as set forth
in the Amendment of Other Insurance Con-
dition Endorsement to this policy.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
RGL 372 04 17
RLI INSURANCE COMPANY
Contains copyrighted material of
Insurance Services Office, Inc. with its permission
69909261 1 12/29-25 GL 4 PL cert com1lercial I (AVC) Doha E.g ivel 1 10/21/2025 10:05:19 AM (PDT) I Page 2 of 2
Page 1 of 1
ACORO® CERTIFICATE OF LIABILITY INSURANCE
`,./10/21/2025
DATE (12 DD YYYY)
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
IDA Insurance Services
130 Vantis, Suite 250
Aliso Viejo, CA 92656
CNMIEACT AVC Donna Es uivel
PHONE 949 297-$962 F%C No:
n DRESS: donna.es uivel ioausa.com
INSURERS AFFORDING COVERAGE NAICN
INSURERA: State Compensation Insurance Fund 35076
www.ioausa.00m CA License #OE67768
INSURED
Urban Water Group, Inc.;
dba: Urban Landscape Innovations
746 S. Los Angeles Street, Suite 610
Los Angeles CA 90014NSURERE
INSURER B:
INSURERC:
INSURER D:
CLAIMS -MADE OCCUR
INSURER F:
COVERAGES CERTIFICATE NUMBER: 87704299 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 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
OF INSURANCE
ADDL�TYPE
INSO
SUER
POLICYNUMBER
MMIDOYEFF
YEXP
MMND1YYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $
CLAIMS -MADE OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence E
MEDEXP(Anyoneparson) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE $
PRODUCTS-COMP/OP AGG E
POLICY ❑ PRO-
JECT E LOC
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
(Ea aeeidenl
BODILY INJURY (Per person) $
ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident) $
PROPERTYDAMAGE $
Per acddent
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LUIS
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LUIB
CLAIMS -MADE
DED RETENTION
$
A
WORKERS COMPENSATION
AND EMPLOYERS'LWBILITY YIN
ANYPROPRIETOR/PARTNEWEXECUTIVE
OFFICERIMEMBEREXCLUDED'1 �Y
NIA
915775025
Blanket Waiver of
Subrogation Endt
4/27/2025
4/27/2026
,/ STATUTE rO
E.L. EACH ACCIDENT $1,000,000
(Mandatory In NH)
Use. describe under
DESCRIPTION OF OPERATIONS below
#1021772014
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE -POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may W attached U more space Is required)
A Workers' Compensation Waiver is included for any person or organization that the Insured is required to waive rights of recovery against in
a written Contract, but only to the extent provided within the Endorsement noted above and attached. Coverage is subject to all policy terms,
conditions, limitations and exclusions. 30 Day Notice of Cancellation / 10 Days for Non -Payment in accordance with policy provisions.
CERTIFICATE HOLDER CANCELLATION
Rain Garden Project
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MARosemead
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
'Valley Blvd.
ACCORDANCE WITH THE POLICY PROVISIONS.
Rosemead CA 91770
AUTHORIZED REPRESENTATIVE
��
AVC Alicia K. Igram l
®1988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
87704299 1 4/25-26 WC Cert a/Blanket Nvr Endt I (AVC) Dome Esquivel 1 10/21/2025 10:06:59 AN (PDT) 1 Page 1 of 2
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
HOME OFFICE
SAN FRANCISCO EFFECTIVE 4/27/2025 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE AND EXPIRING 4/27/2026 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
Urban Water Group, Inc.;
dba: Urban Landscape Innovations
746 S. Los Angeles Street, Suite 610
Los Angeles CA 90014
915775025
PAGE 1 OF 1
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.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF
SUBROGATION
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND
%ISSUED
A.�/T� SAN FRANCISCO: �/ J
/^lY"..."� . �✓4. � 461.-��ej^ .�' / ,CN'w`.
8]]04299 1 4/25-26 WC Cert wj?4WH@F*&fE8dREPRMENii"V5i1e1 1 10/23/2025 10:06:58 AM (PDT) PR€AIrIFW-P AND CFD
2572
Form
_9
Request for Taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal
Revenue Service
1 Name as shown on your income tax return). Name is required on this line; do rat leave this line blank.
Urban Water Group, Inc.
N
2 Business name/disregarded entity name, if different from above
m
mQ
n
3 Check appropriate box for fetlerel tax classification; check only one of the following seven boxes:
4 Exemptions (cod"apply only to
o
❑ IntlivltlueVsole proprietor or C Corporation ❑ S Corporation El Partnership ❑ Trust/estate
certain entities, not individuals; see
instructions on page 3):
IL c
,F$i
single -member LLC
❑ Limited liability company. Enter the tax classification (C -C corporation, S=S corporation, P=partnership) ►
Exempt payee code (f any)
t5 2
Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above faemptlon
from FATCA reporting
«� E2
the tax classification of the single -member owner.
code (f any)
❑ Other(see instructions)►
p�essn•_cwne•m•nraroawiaw m. usl
g
5 Address (number, street, and apt. a suite ra.)
Requester's name and address (optional)
746 S. Los Angeles Street #610
N
5 City, state, and ZIP code
Los Angeles, CA 90014
7 Ust account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security nurnbor
backup withholding. For individuals, this is generally your social security number (SSN). However, fora
resident alien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other
entities, R is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3. ' Or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Elrployer identificadon rxsrlber
guidelines on whose number to enter. 871 '7
- 0 8 9 2 5 8 7I
KOM Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to repot all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this forth (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and
generally, payments other than in� t and dividencjs,'SjDu are not required to sign the certification, but you must provide your correct TIN. See the
page
instructions on 3. � 7
alar r( U.S.pereon► (/ �/� (�(/� Signature of
Here 1, (/�%// I'151 `•
Date Iii */,I/
ZZ..
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gOv/Iw9.
Purpose of Form
An Individual or witty (Font W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number (MIN), adoption taxpayer identification number (ATIN), or employer
Identification number (EIN), to report on an information return the amount paid to
you, orother amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
• Fort 1099 -INT gnterest earned or pax)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards. or gross proceeds)
• Forth 1099-B (stock or mutual fund sales and certain other transections by
brokers)
• Forth 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 game mortgage interest), 1098-E (student loan interest), 1098-T
tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
N you do not return Form W-9 to the requester with a TIN, you might be sub(ect
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out font, you:
1. Certify that the TIN you are giving is correct (or you we waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding t you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners share of effectively connected income. and
4. Certify that FATCA code(s) entered on this form (of any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231% Form Ii (Rev. 12-2014)