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HomeMy WebLinkAboutEurofins CEI Inc; 2021-03-04; PSA21-1391UTILPSA21-1391UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR ASBESTOS IN WATER TESTING SERVICES EUROFINS CEI, INC. THIS AGREEMENT is made and entered into as of the _____________________ day of _________________________________, 2021, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Eurofins CEI Inc., a North Carolina corporation, ("Contractor”). RECITALS CMWD requires the professional services of a consultant that is experienced and certified in asbestos testing in water. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of three months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed seven thousand six hundred fifty dollars ($7,650). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s 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 CMWD incurs or makes to or on behalf of an injured employee under the CMWD’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. Notwithstanding any DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 4th March PSA21-1391UTIL General Counsel Approved Version 6/12/18 2 other provisions herein to the contrary, Contractor shall not be obligated to indemnify CMWD for liabilities to the extent caused by CMWD’s negligent acts or omissions. 6. 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 CMWD. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Andrew Wilson Name Amber Short Title Utilities Supervisor Title President Address 5950 El Camino Real Address 730 SE Maynard Road Carlsbad, CA 92008 Cary, NC 27511 Phone No. 760-802-5720 Phone No. 919-522-0745 Email andrew.wilson@carlsbadca.gov Email amber.short@eurofinset.com 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. 8. CONFLICT OF INTEREST Contractor 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 report investments or interests in all categories. Yes No 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 PSA21-1391UTIL General Counsel Approved Version 6/12/18 3 10. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. In the event of termination while work is in progress, Contractor is entitled to invoice for the percentage of work completed at the time of termination. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false 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 acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 12. 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. 13. 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 CMWD. 14. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 15. LIMITATION OF LIABILITY Notwithstanding anything to the contrary stated elsewhere in this Agreement, Contractor’s maximum liability under this Agreement or any other attachments hereto whether based in contract, tort, warranty, negligence or otherwise shall not exceed amounts recoverable under the scope and limits of the insurance required under this Agreement, up to a maximum of $1,000,000 each claim, $2,000,000 in the aggregate. In no event shall Contractor be liable to CMWD for any special, indirect, or consequential damages occasioned by the services performed or by application or use of the reports prepared under this Agreement. /// /// /// /// /// /// /// DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 PSA21-1391UTIL General Counsel Approved Version 6/12/18 4 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad EUROFINS CEI, INC., a North Carolina corporation By: By: (sign here) Vicki Quiram, General Manager, as authorized by the Executive Manager Amber Short, President (print name/title) By: (sign here) Frank Conicella, Secretary (print name/title) If required by CMWD, 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, General Counsel By: _____________________________ Assistant General Counsel DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 PSA21-1391UTIL General Counsel Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Asbestos in Water Testing Services One-time analysis of asbestos in drinking water samples. Task Quantity Unit Price Extended Price Water, TAT: 5 Working Days TEM DRINKING WATER (Long fibers > 10 μm only) Water, EPA Method 100.2 30 $115.00 $3,450.00 TEM DRINKING WATER (All fibers ≥ 0.5 μm) Water, EPA Method 100.2 30 $125.00 $3,750.00 Extra Work – applies to all samples needing Ozone processing due to outside 48 hour holding time. 30 $15.00 $450.00 TOTAL AMOUNT NOT TO EXCEED $7,650.00 * *Includes taxes, fees, expenses and all other costs. Notes: • Contractor shall furnish all sample bottles, coolers, and ice packs used for transport of samples. • Samples will be collected by CMWD staff in two-liter bottles provided by Contractor’s laboratory. Samples will be placed in coolers and ice packs provided by Contractor. • CMWD is responsible for cost of overnight shipping transportation, packaging and proper delivery to the Contractor. • Contractor shall make commercially reasonable efforts to meet its estimated deadlines. • Contractor to provide results via email to: Andrew Wilson, Andrew.wilson@carlsbadca.gov DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 2021 Laboratory Fees ECEI-T4 Effective 1/1/2021-12/31/2021 Prepared for: Prepared by: Carly Johnson Andrew Wilson Date: 2/3/2021 Carlsbad Municipal Water District andrew.wilson@carlsbadca.gov P: 760-603-7325 C: 760-802-5720 Project: Carlsbad Municipal Water District- Asbestos Testing in Water Quote: T4H2O-CJ TEM Water Analysis Per Sample Prices By Turnaround Time DESCRIPTION METHOD Same Day 1 Day 2 Day 3 Day 5 Day TEM DRINKING WATER (Long fibers > 10 µm only) EPA Method 100.2 250.00 200.00 175.00 140.00 115.00 TEM DRINKING WATER (All fibers ≥ 0.5 µm) EPA Method 100.2 260.00 210.00 185.00 150.00 125.00 TEM WASTE WATER (Long fibers > 10 µm only) EPA Method 100.2 215.00 190.00 155.00 130.00 TEM WASTE WATER (All fibers ≥ 0.5 µm) EPA Method 100.2 225.00 200.00 165.00 140.00 LAB POLICIES: - A $15 fee applies to all samples needing Ozone processing due to outside 48 hour holding time. - Price is inclusive of sample media. - Shipping is the responsibility of the client. DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 2021 Laboratory Fees ECEI-A8 Effective 1/1/2021-12/31/2021 Prepared for: Prepared by: Carly Johnson Andrew Wilson Date: 2/3/2021 Carlsbad Municipal Water District andrew.wilson@carlsbadca.gov P: 760-603-7325 C: 760-802-5720 Project: Carlsbad Municipal Water District- Asbestos Testing in Water Quote: T4H2O-CJ Water TAT: 5_Days (Business Days) Matrix Method Quantity Unit Price Extended Price Water EPA Method 100.2 30 $115.00 $ 3,450.00 Water EPA Method 100.2 30 $125.00 $ 3,750.00 Test Description TEM DRINKING WATER (Long fibers > 10 µm only) TEM DRINKING WATER (All fibers ≥ 0.5 µm) Total Water (sales tax and shipping not included) $ 7,200.00 DocuSign Envelope ID: 53768E83-CC59-4E7C-A129-E37E66125740 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 OCCURRENCE DAMAGE 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis Towers Watson Northeast, Inc.c/o 26 Century BlvdP.O. Box 305191Nashville, TN 372305191 USA Eurofins CEI, Inc.730 SE Maynard Road,Cary, NC 27511 Division/Location: RadnorRE: Asbestos in Water TestingAgreement Number : PSA21-1391UTIL The City of Carlsbad is included as an Additional Insured as respects to General Liability and Auto Liability. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 02/08/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com HDI Global Insurance Company 41343 Travelers Property Casualty Company of Ame Phoenix Insurance Company 25674 25623 W20057368 A 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 Y GLD1313806 01/01/2021 01/01/2022 B 1,000,000 01/01/202201/01/2021YHC2J-CAP-162D3822-21 A 15,000,000 250,000 CUD1314006 01/01/2021 01/01/2022 15,000,000 UB-2R857672-21-I2-KCY 1,000,000No01/01/2021 01/01/2022 1,000,000 1,000,000 A Professional Liability Each ClaimEOD 1313906 01/01/2021 01/01/2022 Policy Aggregate 197961820697838SR ID:BATCH: $5,000,000 $5,000,000 Willis Towers Watson Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Eurofins CEI, Inc.730 SE Maynard Road,Cary, NC 27511 Waiver of Subrogation applies in favor of Additional Insured with respects to Workers Compensation as permitted bylaw. 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W20057368CERT:1979618BATCH:20697838SR ID: CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 3 POLICY NUMBER: GLD1313806 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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: SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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, 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 above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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. COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: GLD1313806 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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, 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 the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. This endorsement modifies insurance provided under the following: DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS As per written contract PROVISIONS 1. The following is added to Paragraph c. in A.1., 2. The following is added to Paragraph 5., Other Who Is An Insured, of SECTION Il COVERED Insurance, in B., General Conditions, of AUTOS LIABILITY COVERAGE: SECTION IV BUSINESS AUTO CONDITIONS: This includes any person or organization Regardless of the provisions of paragraph a. and designated in the Schedule Of Additional Insured paragraph d. of this part 5. Other Insurance, this Persons Or Organizations who you are required insurance is primary to and non-contributory with under a written contract or agreement between applicable other insurance under which the you and that person or organization, that is person or organization designated in the signed by you before the "bodily injury" or Schedule Of Additional Insured Persons Or "property damage" occurs and that is in effect Organizations is the first named insured when the during the policy period, to name as an additional written contract or agreement between you and insured for Covered Autos Liability Coverage, but that designated person or organization, that is only for damages to which this insurance applies signed by you before the "bodily injury" or and only to the extent of that designated person's "property damage" occurs and that is in effect or organization's liability for the conduct of during the policy period, requires this insurance to another "insured". be primary and non-contributory. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: HC2J-CAP-162D3822-21 ISSUE DATE:1/1/2021 COMMERCIAL AUTO CA T4 42 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ENDORSEMENT WC 00 03 13 (00) - POLICY NUMBER: EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 006 ONE TOWER SQUAREHARTFORD CT 06183 UB-2R857672-21-I2-K 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED ORGANIZATION: DESIGNATED PERSON: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FROM WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER INCLUDING STATE OF CALIFORNIA, IT'S OFFICERS, AGENTS, AND EMPLOYEES. DATE OF ISSUE:PAGEST ASSIGN:OF Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. 12-29-20 1 1