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HomeMy WebLinkAboutSTC Traffic Inc; 2020-11-16; PSA21-1227TRANPSA21-1227TRAN City Attorney Approved DBE Version 6/12/18 1 RATIFICATION OF AGREEMENT FOR TRAFFIC OPERATIONS IMPROVEMENT SERVICES STC TRAFFIC, INC. THIS RATIFICATION is made and entered into as of the ______________ day of __________________, 2020, but effective as of the 1st day of May 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and STC TRAFFIC, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in providing professional traffic systems and operations engineering services. B. Contractor has the necessary experience in providing professional services and advice related to hands-free pedestrian activation at signalized intersections. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. The Parties desire to ratify any work already performed by the Contractor without the benefit of an Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. RATIFCATION OF AGREEMENT The retroactive Agreement is ratified. 2. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 3. TERM The term of this Agreement will be effective from date written above through May 30, 2020. 4. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be eight thousand seven hundred forty-seven dollars and fifty cents dollars ($8,747.50). 5. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A 16thNovember PSA21-1227TRAN City Attorney Approved DBE Version 6/12/18 2 such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished. 7. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 8. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. /// /// /// DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A PSA21-1227TRAN City Attorney Approved DBE Version 6/12/183 9.NOTICESThe name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Doug Bilse Name Jason Stack Title Senior Engineer Title Project Manager Department Public Works Address 5865 Avenida Encinas, Suite 142-B City of Carlsbad Carlsbad, CA 92008 Address 1635 Faraday Ave. Phone No. 760-585-4508 Carlsbad, CA 92008 Email morna.stack@stacktraffic.com Phone No. 760-687-6800 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 10.CONFLICT OF INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories. Yes No 11.COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment and will obtain and maintain a City of Carlsbad Business Licensefor the term of this Agreement. 11-A FEMA REQUIRED PROVISIONS The City and Contractor shall comply with all applicable requirements of the Federal EmergencyManagement Agency (FEMA) which are outlined in Exhibit "B”, which is attached andincorporated by this reference. 12.TERMINATIONCity or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time oftermination, if the services have been delivered in accordance with the Agreement. 13.CLAIMS AND LAWSUITSBy signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing offalse claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledgesthat debarment by another jurisdiction is grounds for the City of Carlsbad to terminate thisAgreement. /// X DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A PSA21-1227TRAN City Attorney Approved DBE Version 6/12/18 4 14. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 15. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 16. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A PSA21-1227TRAN City Attorney Approved DBE Version 6/12/185 17.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR STC TRAFFIC, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Nicolas Minicilli, Vice-President (print name/title) By: (sign here) Morna Stack, CFO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:___________________________ Assistant City Attorney DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A STC Traffic, Inc.  5865 Avenida Encinas 142 B, Carlsbad, CA 92008  www.stctraffic.com 6 May 01, 2020  Doug Bilse, T.E.  Senior Traffic Engineer  City of Carlsbad  1635 Faraday Ave  Carlsbad, CA 92008  RE: Implement Hands‐Free Pedestrian Activation at Select Signalized Intersections  Dear Mr. Bilse,   STC Traffic (STC) is pleased to provide the City of Carlsbad the following proposal for professional traffic  systems and operations engineering services to implement hands‐free pedestrian activation at select  signalized intersections associated with the COVID‐19 pandemic. The services will be directed by the  Senior Engineer and include.   Evaluate alternative methods for implementing hands‐free pedestrian activation at signalized intersections. Review communications from the traffic management center (TMC) to Carlsbad Village Drive (CVD). Coordinate with Caltrans to receive timing plans at the I‐5 interchange and CVD. Develop time of day plans for CVD that mitigate hands‐free operations and are consistent with Caltrans timing plans. Implement hands‐free operations along CVD with the new timing plans. Implement hands‐free operations at other locations identified by the City. Evaluate adaptive signal operations along Rancho Santa Fe Road with hands‐free operation and implement corrective action. The Not to Exceed (NTE) fee estimate for this work is $8,747.50.  By signing below and returning a copy of  this letter, you will have authorized STC to proceed.  I appreciate the opportunity to provide these  important services to Carlsbad.  If you have any questions regarding the scope of work or fee, please  contact me.  Sincerely,  STC Traffic  Jason Stack, TE  Principal Engineer Accepted by:  Signature  Print Name   Date  PSA21-1227TRAN - Exhibit "A"DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A PSA21-1227TRAN City Attorney Approved DBE Version 6/12/187 Exhibit B Additional Terms and Conditions for FEMA Funded Agreements 1.The contractor acknowledges Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2.The contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 3.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City of Carlsbad, contractor, or any other party pertaining to any matter resulting from the contract. 4.The contractor acknowledges that 31 U.S.C. Sections 3801-3812 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. 5.Access to Records. The following access to records requirements apply to this contract: (A)The contractor agrees to provide the City of Carlsbad, the FEMA Administrator,the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of thecontractor which are directly pertinent to this contract for the purposes of makingaudits, examinations, excerpts, and transcriptions. (B) The contractor agrees to permit any of the foregoing parties to reproduce byany means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the workbeing completed under the contract. (D) In compliance with the Disaster Recovery Act of 2018 (Pub. L. No. 115-254,§§ 1201-1246 (2018)), the City of Carlsbad and the contractor acknowledge andagree that no language in this contract is intended to prohibit audits or internalreviews by the FEMA Administrator or the Comptroller General of the UnitedStates. 6.Suspension and Debarment (A) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2C.F.R. pt. 3000. As such the contractor is required to verify that neither thecontractor nor its principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A PSA21-1227TRAN City Attorney Approved DBE Version 6/12/188 (B) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Carlsbad. If it is later determined that the contractor did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remediesavailable to the State of California or the City of Carlsbad, the Federal Government may pursue available remedies, including but not limited to suspension and/ordebarment. (D) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid andthroughout the period of any contract that may arise from this offer. The bidder orproposer further agrees to include a provision requiring such compliance in itslower tier covered transactions. 7.To the extent any Federally mandated provisions incorporated by Exhibit B conflict with other terms and provisions of this Agreement, the Federally mandated provision(s) shall prevail. DocuSign Envelope ID: 2DA5816A-32F6-45F2-A596-4E4E56E2EF9A 01/07/2020 Matsen Insurance Brokers, Inc. 3101 Concorde Drive, Suite C McKinleyville CA 95519 Jacqueline Byrne (707) 444-9292 (707) 444-9529 jackie@matsen.com STC Traffic, Inc. 5865 Avenida Encinas, Suite 142-B Carlsbad CA 92008 Atain Specialty Ins. Nationwide Mutual 23787 Evanston Insurance Co. Hartford Casualty Insurance Company 29424 Lloyds of London CL201708302 A Y CIP351747001 01/01/2020 01/01/2021 2,000,000 100,000 5,000 2,000,000 4,000,000 2,000,000 B ACPBA3026931702 01/01/2020 01/01/2021 1,000,000 Surcharges C XOBW8412220 01/01/2020 01/01/2021 6,000,000 6,000,000 D Y 57WECGI9278 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 E Professional Liability DCCT00077-20 01/01/2020 01/01/2021 Aggregate $3,000,000 Per a Claim $2,000,000 Agreement #: TRAN1246The City of Carlsbad/CMWD its officials, employees and volunteers are included as additional insured per the attached form AF000859. This coverage isprimary and waiver of subrogation applies per the attached form AF001397071230 Days notice of cancellation Lloyd's Syndicate for 6/9/15 to 6/9/16: 510Percentage=100% Pseudonym: KLN - Tokio Marine Kiln City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) Or O rganization(s): Location(s) of Covered Operations ,NY PERSON OR ORGANIZATION AS LOCATION AS REQUIRED BY WRITTEN REQUIRED BY WRITTEN CONTRACT WITH THE CONTRACT NSURED 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 for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such a person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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 above. A persons or organizations status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the "additional insured(s)" are obligated topay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with suchwork, on the project (other than service, maintenance or repairs) to be performed by oron 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. Negligence of Additional Insured "Bodily injury" or "property damage" directly caused by or resulting from the negligence of the "additional insured(s)". ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED This endorsement is effective on the inception date of the policy unless otherwise stated below. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Policy Number: CIP351747001 Named Insured: STC TRAFFIC. INC. Endorsement Effective date: AF 000 859 07/2012 Included copyrighted material of ISO Properties, INC. with its permission Page 1 of1 POLICY NUMBER: CIP351747001 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Information reauired to comolete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page1of1 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163 EN DO RSEM ENT This Endorsement Changes the Policy -Please Read it Carefully PRIMARY AND NON-CONTRIBUTING INSURANCE (Third-Party's Sole Negligence) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD LIABILITY COVERAGE PART BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section IV -Commercial General Liability Conditions, Paragraph 4: Section IV: Commercial General Liability Conditions 4.Other Insurance: d. Notwithstanding the provisions of sub-paragraphs a, b, and c of this paragraph 4, with respect to the Third Party shown below, it is understood and agreed that in the event of a claim or "suit" arising out of the Named lnsured's sole negligence, this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excessand non-contributory. The Third Party to whom this endorsement applies is: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED BY WRITTEN CONTRACT TO PERFORM SERVICES AND PRIOR TO ANY LOSS THAT ARE WITHIN THE TERMS AND CONDITIONS OF THIS POLICY TO WHICH THIS FORM IS ATTACHED Absence of a specifically named Third Party above means that the provisions of this endorsement apply "as required by written contractual agreement with any Third Party for whom you are performing work." All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: CIP351747 Named Insured: STC TRAFFIC, INC. Endorsement Effective Date: Endorsement Serial No. AF 0013970712 Includes copyrighted mate rial of Insurance Services Office, Inc. with its permission Copy rig ht, Insurance Services Office, Inc. 1994 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date:11/20/19 Policy Expiration Date:01/01/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:57 WEC GI9278 Endorsement Number: Effective Date:01/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:STC TRAFFIC, INC.5865 AVENIDA ENCINAS STE 142 BCARLSBADCA92008 We havetheright to recover our payments from anyone liablefor an injury covered by this policy.Wewill not enforceourright against the person or organization named intheSchedule.(This agreement applies only to the extent that youperform work under a written contract that requires you to obtain this agreement from us.) You must maintainpayroll records accurately segregating the remuneration of your employeeswhile engaged intheworkdescribed in the Schedule. The additional premium for this endorsement shall be 2 %oftheCalifornia workers'compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us