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HomeMy WebLinkAboutWalker Parking ConsultantsAGREEMENT This AGREEMENT, made on the 4th day of JUNE , 2015, by and between the CITY OF OSHKOSH, 215 Church Avenue, Oshkosh, WI 54901 party of the first part, hereinafter referred to as CITY, and WALKER PARKING CONSULTANTS, 1660 South Highway 100 Suite 424, Minneapolis, MN 55416, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for preparation of a Downtown Oshkosh Parking Study. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to direct and manage the PROJECT described in this AGREEMENT: John Dorsett — Senior Vice President (technical advisor and director) Phil Baron — Consultant (project manager) B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Darryn Burich — Planning Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal dated December 19, 2014. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. cwse�s�o�esPOnoe:kroP�waike�P�orservny�s-ze-�saoo. Page 1 of 5 ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re- perform any services not meeting this standard without additional compensation. ARTICLE V. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others that the CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE VI. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal dated December 19, 2014. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VIII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated December 19, 2014 and attached hereto. c:wsers�cresponoesktov�'h'aiterProtServngrs-2s-is.docx Page 2 of 5 In the event that any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE IX. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum of $ 49,877 (Forty Nine Thousand Eight Hundred Seventy Seven Dollars), adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. C\Users\crespol\Desk�op\WalkerPmtServAgrS-2945.tlocx Page 3 of 5 ARTICLE XI. INSURANCE The CONSULTANT agrees to obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insured — City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. Certificates of Insurance acceptable to the CITY shall be submitted to the Community Development Department prior to the commencement of the work. These certificates shail contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work perFormed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XIII. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIV. SUSPENSION. DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. C\USerskrespol\Desktop\Walker Pmf Serv Agr 5-2945 docx Page 4 of 5 ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: .,' /LCi� (Seal of Consultant if a Corporation� �����uu nq� `,`���G�NSULTqH�S ��ii ����Q'��?G� Q(�P��r � 'F2G' i �G F � =a' im- : w : SEAL : A : � �. . . . .Vi � i� ��•.� ' . , ; � `� ♦ '��,,!'s*,�'; "GPN *q``.` WALKER PARKING CONSULTANTS By: � � ti. � � ti,.t- u1' Senior Vice President (Specify Title) By: o`(°cs�-, C—�-•-�c3- OFF�CE MniJaG.E (Specify Title) CITY OF OSHKOSH Z(� ✓ LZ- l L C�l, By: (Witness) And /t�--- �Q�9��� M rk A. Rohloff, City Manager � _�� � � � �� � Pamela R. Ubrig, City Cle •APP,ROVED: I hereby certify that the necessary provisions \, _� I have been made to pay the liability which % �� �`\ I will accrue under this AGREEMENT. V �i tt rney Ciy Cop ler G\USerskresponoeskmp�wa�kerPmfServngr5-29-�5.tlocx Page 5 of 5 WALKER 1660 Souih Highway 100, Suite 424 PARKWG CONSUtTAMS Minneapolis, MN 55476 Office: 952.595.9616 Fox: 952.595.91 16 vws.v.wa Ikerparking.co m December 19. 2014 Darryn Burich City of Oshkosh 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 Re: Proposal for Study Services Downtown Oshkosh Parking Study Oshkosh, WI Dear Mr. Burich: Walker Parking Consultants is pleased to submit for your review this proposal for downtown Oshkosh Parking Study. Included herein is our understanding of your project and our proposed scope of services (which includes an expanded financial analysis per our discussion), schedule, fee and general conditions of agreement. PROJECT UNDERSTANDING AND APPROACH BACKGROUND Oshkosh is in the midst of planning for its future economic development and growth and as part of this planning effort, it is intending to contract with a qualified parking consultant to conduct a parking study and develop a strategic parking plan for its downtown. This body of work would serve as reference material for a comprehensive planning effort that the city also envisions and provide the city with a roadmap to address parking-related challenges. An Oshkosh Area Community Foundation-sponsored survey entitled Oshkosh Vision Survey reported on resident opinions regarding the future of Oshkosh. The foundation's website states, "Results showed that the overwhelming majority of residents want to see Oshkosh better utilize its waterfront, allocate more green space, create bicycle-friendly streets, and emphasize downtown redevelopment. More than 90 percent of survey respondents said community development should be focused in the downtown area." The Oshkosh Convention and Visitors Bureau is working toward bringing additional visitors to the city to attend meetings and support tourism. The number of visitors to Winnebago County reportedly increased by 5.6 percent in 2013. The CVB has organized a lineup of recreational and athletic events, coupled with business meetings and conventions, creating additional demand for visitor parking. When parking is WALKER Darryn Burich PaeKwc coNSUir.aNrs December 19, 2014 Page 2 "done right," it can be used as a tool to help encourage visitors to return to the county and Oshkosh, in particular. Other major downtown players include the City Center Mall, a regional shopping center that was originally built in the 1970s and since has been partially redeveloped into office space and specialty shops, and the Oshkosh County Courthouse, which houses the Winnebago County seat. Main Street, also U.S. 45, is a major arterial that contains a number of shops and offices located in historic buildings. Although not located within the Central Business District, the University Wisconsin - Oshkosh campus is a significant driver of downtown parking activity as it generates visits from students, faculty, staff, and campus visitors, many of who need a parking space to access the CBD. The University of Wisconsin System's Growth Agenda goal is to grow the Oshkosh campus from about 12,500 students today to 16,000 students by 2020. In addition to some spaces that are available for lease, the City general offers two types of parking - permit parking intended for use by longer-term patrons and free parking that is available at spaces signed with 90-minute or two hour durations. The City sells permits for $20 per month. Oshkosh's goals for the parking study and strategic parking plan can be summarized as follows; • To elicit input from residents and community leaders and gain the collective community support that is so vital to the successful implementation of plans; . To develop an implementable plan that can improve downtown conditions; • To better understand existing and future parking supply and demand conditions and locations where parking capacity is an issue; . To identify alternatives for addressing parking challenges, including the optimization of existing parking resources, the use of technologies that enhance the user-friendliness of parking, an identification and evaluation of options to increase parking capacity, and the potential for reducing parking demand through alternatives to the single occupant vehicle; • To review and develop a plan improving existing parking policies and practices; and • To develop a financial plan that could be implemented as a method of funding future parking-related improvements. APPROACH Walker's proposed approach to this project is organized around the City's objectives as outlined previously within this proposal and the scope of work section presented within the City's RFP and also discussed herein. The draft breakdown of projected hours (presented later in this proposal) provides a rough outline of who from the Walker team would be working on each individual scope item. Based on the RFP, we understand that the City's draft scope is generally organized into the following key elements: WALKER Darryn Burich PneKiNCCONSUirANrs December 19, 2014 Page 3 • Stakeholder Input: See subsequent section for an in-depth explanation of our proposed stakeholder input program. • Parking Utilization Observations and Analysis: Walker will perform an inventory of existing parking spaces located within the study area, documenting name and location of facility, capacity, user assignments and restrictions, rates, access and revenue controls, and usage during peak hours. • Existing and Future Parking Conditions, Needs, and Recommendations: Existing parking supply/demand conditions are determined by comparing an adjusted portion of parking capacity, allowing for user maneuvers, to the observed usage. If needed, we do adjust for seasonality. An inventory of proposed future development projects will be developed through a collaborative Walker/City effort. Future parking demand will then be projected based on the proposed development activity and compared against the projected parking supply, using a parking supply/demand model developed for this project. Parking policies and practices are identified based on interviews with city staff and through observation. Opportunities to improve and coordinate conflicting approaches are then identified. • Review and Recommendations for Parking Management Strategies: Using the results of the parking supply/demand analysis and review of parking policies and procedures, we will develop recommendations for parking management strategies with an eye toward coordinating both on- and off-street parking inventories and developing strategies that support economic development and retail parking needs. Specifically, we will evaluate parking rates, time restrictions, user assignments, enforcement days and hours, the use of parking technologies, parking citations rates, parking enforcement policies and practices, to name a few. . Improved Parking Experience: Specific recommendations will be developed to improve the parking experience. This will include consideration of walking distances, enhancements to parking facility wayfinding, the use of technology, and coordinated policies and programs that improve the user experience. • Future Parking Regulations: We will review the City's zoning ordinance and laws governing parking regulations and comment. • Implementation Plan and Budget: The implementation plan includes a"to do" list for the City, a schedule for implementing change, an assessment of ease of implementation, the projected monetary impact on revenues and/or expenses, and a financial plan that the City can implement to fund parking-related improvements. • Presentation: Based on Walker's experience with similar parking plans, we often find that the "recommendations" step typically benefits from a slightly extended process to first develop one or two alternative strategies, facilitate feedback from the client and community, identify and address funding options for the preferred strategy, and then finally refine the plan before final implementation on action items are developed. This element of the plan includes a presentation. WALKER PqRK1NG CONSUtTAMS SCOPE OP SERVICES Darryn Burich December 19, 2014 Page 4 Based on the RFP, we understand that the City's draft scope is generally organized into the following work elements: Plan Work Elements Recommendat- ioas and y, Financial Plan ,-: for Meeting °� � future Needs � €valuation of Parking Policy and the Municipal �' Parking Program Prcje[t Management � .Parking.. � � � Analysis and Management Plarz `� Development of Potential �� Sc�utions TASK I— PARKING SUPPLY/DEMAND STUDY Assessmert of "�� � furrentParkm ` 6; System UtihzatFan Supply/ L7emand � Analysis and Projection of �F�"��re Nee�'s OBJECTIVE: Before an effective parking plan can be formulated, a clear understanding of current and future parking conditions in the City study area is required. The Supply/Demand Analysis constitutes a needs assessment of current and anticipated parking conditions. The parking information that will be independently documented, analyzed and presented by Walker in this analysis provides a quantitative and qualitative assessment of the parking characteristics within the defined study area. The foundation of a parking supply and demand analysis is an inventory of the parking supply creating a "snapshot" of current parking conditions. Walker staff will conduct field research to ensure accuracy of the existing parking supply and categorize the supply by type (on- street, off-street, structured, surface lot) and by ownership (private or public). Occupancy counts will be conducted over a period of time to capture user trends and enable Walker to clearly convey the trends of vehicle presence in the study area. The occupancy counts will then be compared to the effective parking supply (actual WALKER Darryn Burich FaeKiNC coNSUirnNrs December 19, 2014 Page 5 supply less 10% to 15%) to determine the estimated parking adequacy on a block-by- block basis. Some of the questions that need to be resolved include: • What is the parking supply? • What is the parking demand? • Is there a surplus or deficit? • What will parking conditions be like in the future? • Is additional parking required? If so, how much? • Who needs additional parking? Community input is typically sought during the Supply/Demand Analysis. Walker's calculation of future parking demand is based on a thorough understanding of existing land uses, as well as the future land uses that may enter or leave the defined study area. Parking is not an end in of itself; rather it is a derivative of the demand for other activities and the travel characteristics of the market area. The quantity and type of activities within a market area most often determines the overall need for parking, as well as unique demand characteristics that relate to time-of-day, day-of-week and time-of- year variations. Therefore, Walker's approach to projecting future parking demand will apply the knowledge we will have gained from the supply analysis and will require input from stakeholders and city planners in order to fully understand future changes in the study area. Once the calc�lation of future parking demand is complete, it will be compared to the existing parking supply to determine the future parking adequacy. The parking adequacy in the study area is communicated in tabular and graphic form and identifies the parking conditions on a block-by-block basis. In addition to our own collections, Walker will utilize any relevant information provided by the City. The benefit of this approach is a parking plan based on your community values and pro-actively designed to meet your future needs before they become issues. Our recommendations are tailored to match your constituency's wants, needs and desires for the parking system and the economic realities specific to the City. TASK I- SCOPE OF SERVICES l. Meet with City representatives to finalize project parameters, review project background and obtain previous reports, area maps, and other background information. 2. Obtain and review land use data within the study area, provided in terms of square footage by land-use type (i.e. retail, restaurant, hotel, office, etc.J 3. Conduct parking inventories of all on- and off-street parking within the study area. Inventories will include space counts, rates, and restrictions. 4. Conduct parking occupancy counts of all parking in the study area on a weekday. WALKER Darryn Burich aaeKiNCCONSU�TnNTS December 19, 2014 Page 6 5. Create a parking demand model using Walker Parking Consultant's shared parking model to project typical parking demand throughout a weekday. 6. Calibrate the demand model to reflect observed conditions, thus calculating parking demand ratios for the land uses present. 7. Determine the surplus or shortfall within the area under current conditions, and create tabular and graphic illustrations of the parking system adequacy. 8. Obtain build-out plans from the City representatives and adjust the demand model to show future parking demand generated by approved and/or proposed developments in the area. TASK II: PARKING ALTERNATIVES ANALYSIS OBJECTIVE: With the understanding gained from the completion of Task I above, Walker will develop solid, achievable recommendations for improving the current parking conditions and meeting future parking demand efficiently and cost-effectively. Some of the questions that will need to be resolved include the following: • Can the parking system be made to function more efficiently, such that more cars can be accommodated without building additional parking? . If necessary, how can the parking capacity be increased? . What are the strengths and weaknesses of the alternatives for increasing parking capacity and how do they compare with each other? . How much does each of the alternatives cost to implement? • Where is the parking needed? • Can the capacity of existing parking facilities be increased? If so, how? • What phasing plan is recommended in order to provide adequate parking when it is needed? • Can a parking structure be built on proposed sites? . Can parking demand be better distributed amongst existing parking assets, enabling the City to defer the addition of more parking? The first part of the analysis will focus on management of existing resources. In addition to valuating opportunities for lot reconfiguration and restriping of spaces, we will analyze location of resources, utilization imbalances (if any), time limits and/or rates, and enforcement practices, and determine whether changes to the way the parking system is managed can free up parking in the most congested locations. The objective of the site planning analysis will to determine the advantages and disadvantages of constructing parking on various sites within the defined study area and to recommend the most appropriate site(s). To that effect, Walker will use the results of our supply and demand analysis to focus on localized areas with high parking demand projected to occur. WALKER Darryn Burich caeK�NC coNSU�TaNrs December 19, 2014 Page 7 Each site included as a possible development location will be evaluated according to how well it ranks with site selection criteria considerations. Initially, criteria value rankings are somewhat subjectively established by Walker. Different values are exchanged and analyzed to establish a hierarchy that is agreed to by the City and the key stakeholders. By this means, a consensus site recommendation can be more easily found. Walker will work with the City representatives to identify a subjective decision matrix that is used to measure the appropriateness of each site. The points awarded for each alternative are determined first by assigning a score to each criterion. Some of the criteria, such as project cost, can be scored objectively. For subjective criteria, such as land availability, a value of 5= excellent, down to 1= poor, can be awarded. Next, each criterion is weighed by assigning it points, the sum of which totals 100 points. The following are EXAMPLE criteria used to evaluate the alternatives: • Proximity to Demand (Primary Use 7 AM to b PM, M-F) - The location of each potential development site in relation to buildings that are occupied and generate demand for parking during traditional business hours. An office building is the primary type of land use that generates weekday demand. • Project Cost - The project cost associated with each potential development site includes, but is not limited to property acquisition, tenant relocation, demolition, and construction. Also, the cost per space added is considered when awarding a value to each site. The cost per space added considers the number of existing spaces displaced due to the construction of new parking supply. • Land Availability - The land availability associated with each potential development site considers the existing use of the land, whether or not property acquisition is required, the need for tenant relocation, zoning compliance, and whether or not pre-established, redevelopment plans exist. • Revenue Potential - The potential of each site to generate operating revenue if desired. • Proximity to Demand (Primary Use Nights & Weekends) - The location of each potential development site in relation to commercial buildings that are occupied and generate demand for parking during weekday evenings and weekend periods. The type of land uses that typically generate weekend evening and weekend demand include restaurant, residential, retail, hotel, library, theater, and convention center. • Traffic Impact - The traffic impact on the existing traffic patterns and what impact peak period loading and unloading may have on the surrounding street system. • Mixed-Use Potential - The potential of each site to integrate at grade level retail, restaurant and/or office space. Whether or not potential for a mixed-use � WALKER Darryn Burich cneK Nc coNSUiTANTS December 19, 2014 Page 8 parking facility exists is dependent on the type of land uses that surround the site and the existing market conditions for each type. • Future Development - The assessment of future development includes whether parking is the best use of the land and if future development is planned on or adjacent to the site that may benefit or hinder the parking operation. TASK II -SCOPE OF SERVICES 1. Review inventory, utilization and turnover data collected in Task I. 2. If data suggests imbalances of usage, recommend management and policy changes that could reduce congestion in affected areas. 3. Review existing vehicular and pedestrian access and circulation patterns for their relationship to existing and proposed parking facilities/lots. 4. Determine whether the number of spaces could be increased through restriping and efficiency improvements in existing facilities/lots. 5. Determine whether any existing facilities/lots can be expanded to meet area parking needs. 6. Identify potential locations for new parking facilities �surface and/or structured). External variables that will be considered are desirable density, phasing of construction, and incorporation of other uses jsuch as retail) in any proposed facility. 7. Determine an order of magnitude project cost including estimated operational expenses to enable a comparison of the costs of each alternative on an "apples to apples" basis. 8. Evaluate the various alternatives on the basis of qualitative criteria to be mutually agreed upon with the City. A weighted matrix will be used to achieve more objectivity and to rank the alternatives. 9. Meet with the client via teleconference to discuss the conceptual designs and present the matrix analysis to agree upon weighting and other considerations. 10. Develop a recommended plan for improvements, including phasing of components corresponding to projected needs. TASK III - REVIEW OF PARKING POLICIES AND PRACTICES Objective: A review of parking policies and practices includes an objective look at the rules that govern parking and the activities that the City employs to enforce these rules. The overall objective of this task is to provide a professional outsider's perspective with WALKER Darryn Burich PaeKwccoNSU�raNrs December 19, 2014 Page 9 the aim to help the City make its parking system the best it can be. To succeed at meeting this objective, we consider stakeholder input, historical policies and practices, the character of the city, and the City's organizational structure with respect to its parking operation, and develop a parking management plan that suggests opportunities for improvements. This task is intended to answer a myriad of questions regarding parking policies and practices, including the following: . Are parking rates working effectively? • What should the relationship be between on- and off-street parking rates? . Is the city's zoning ordinance supporting economic development and protecting property owner rights? Is it minimizing waste and promoting sustainability? • Is the City's parking enterprise staffed appropriately? • Are parking citations rates achieving their intended purpose? • Is the City writing an appropriate number of tickets in support of its overall objectives? • Are parking enforcement days and hours supportive of the needs of the community? . Are parking spaces turning over at desirable rates? • Are there effective strategies in place to keep long-term parking patrons out of short-term spaces? . Is technology being used effectively in support of customer service? Are there technologies that could be cost effectively employed to provide patrons with additional and more convenient options? If so, what are these? • How can the City's parking operation be the best it can be? TASK III - SCOPE OF SERVICES l. Obtain and review city parking policies, practices, and ordinances relating to parking. 2. Identify and gather parking policies, practices, and the parking element of zoning ordinances of up to six other cities for purposes of benchmarking. 3. Review the City's organizational structure and the staffing associated with its parking assets. Recommend changes. 4. Review and comment on parking rates, time restrictions or lack thereof, and enforcement hours. 5. Review existing parking equipment and recommend upgrades where necessary. 6. Draft a policy statement regarding the relationship between on- and off-street parking. 7. Perform a turnover and duration study to determine typical length of stay and turnover for a sample of spaces with time limits and to measure the efficacy of the City's parking enforcement program. 8. Recommend modifications to the parking element of the City's zoning ordinance that align with its comprehensive plan and parking plan. 9. Review and comment on existing parking signage and identify opportunities for improvement. 10. Identify for the City's consideration, other customer-service enhancements that do not exist in Oshkosh. WALKER Darryn Burich eneKiNCCCNSU�raNrs December 19, 2014 Page 10 TASK N— FINANCIAL PLAN OBJECTIVE: A financial plan anticipates the market demand, operating revenues, operating expenses, and debt service for a proposed parking project and/or parking system. It is tailored to help guide the decisions that must be made to promote a financially sustainable parking system. TASK IV - SCOPE OF SERVICES Meet with City representatives to determine study's objectives, boundaries, procedures and project schedule. 2. This task encompasses the body of work necessary to measure the economic feasibility of surface and/or structured parking improvements, and the financial impact on parking system changes. a. Operating expenses will be projected based on historical increases and operational recommendations. The operating expenses will also include routine maintenance, repair and replacement items. Any new parking areas or changes to the parking system will also be factored into the projected operating expenses. The operating costs will also include any non-parking type operating. b. Revenue projections will be prepared on our analysis of system revenues, proposed rate structure, allocation plan or relative mix of transient and daily parkers, projected utilization, and general characteristics of the area. The revenue projections will take into consideration timing of the parking projects and surrounding developments. Any additional revenue sources will be identified and projected if available. This may include leasable ground floor commercial development and possible air-rights development above a parking structure. The 10-year pro forma will be completed. The pro forma will project revenue and expenses resulting in a net revenue available for debt service. Based on the different funding strategies the debt service or payments will be included in the pro forma. If deficits occur or debt obligations are not met at any given year, options will be evaluated for changed to meet system requirements. 3. Using Walker's database of operating expenses (collected periodically from more than 200 parking facilities), project annual operating expenses for a five- year period, including but not limited to the following: a. direct labor (cashiering, supervision, accounting, maintenance, and security) and fringe benefits; b. utilities; c. supplies; WALKER Darryn Burich PARKING CONSULTANTS December 19, 2014 Page 11 d. daily maintenance (contracts and equipment); and e. structural maintenance (a sinking fund for periodic major expenses). 4. Using Walker's past experience, project construction costs, contingency costs, consulting fees and financing costs. Client will be asked to assist in providing interest rate and term of loan inputs. 5. Calculate the average annual debt service for the facility(s) and City system. 6. Research comparable market parking rates and recommend a rate structure for all City-owned parking. 7. Based on the findings of Task I and the recommended rate structure, project the annual net operating income of the facility for a ten-year period. 8. Based on the various elements of the recommendations funding strategies will be investigated and recommendations made. The funding strategies will consider not only the capital costs but also the on-going operational and maintenance costs. The funding strategies will consider the revenue stream from existing parking operations (including the possibility of fine revenues), existing expenses from the operations, and changes proposed as part of this report. We will consider possibilities for funding such as increasing or adjusting parking rates, funding from stakeholders such as assessments and then possible grants or low interest loans. Another strategy to be considered will be the timing of recommendations and the possibility of setting up a reserve fund from new or increased revenues that would be set aside for planned future projects/ improvements. REPORT PREPARATION l. Prepare and email draft report and plan documenting existing and future conditions, findings, and recommendations associated with each task. 2. Prepare and email final report. Final report and plan will address City comments pertaining to the draft report. MEETINGS l. Kick-off ineeting with City staff to plan stakeholder/public participation process and dates. 2. Up to eight (8) stakeholder meetings with downtown business owners, employers, residents, parking utility commission, traffic review advisory board and City staff. 3. Up to three (3) public input meetings. �` WALKER Darryn Burich aneKiNC coNSUiraNrs December 19, 2014 Page 12 4. One (1) final presentation of the final Parking Analysis and Plan to the Oshkosh Common Council. 5. Teleconferences as needed, to supplement tace-to-face meetings. SCHEDULE Walker can complete the parking plan within ninety (120) days of a signed contract. Specifically, Walker will provide draft and final reports within a 14-week run time. Several meetings are envisioned including those to elicit input and buy-in from the community. Teleconferences are also envisioned as appropriate. Schedule Task Descri tion Feb Mar A r Ma Project Kick-Off Meeting xx and Data Collection Stakeholder and Owner xx Meetin s Task 1: Parking xxxxx Xxxxx �c Su I /Demand Anal sis Task 2: Alternatives X�cxxxx �c Anal sis Task 3: Parking Policy Xxxx x�c and Mana ement Stud Task 4: Parking Financial X xxx Plan Draft Re ort xxxxxxx Presentations x x Final Re ort xxxxxxx CITY RESPONSIBILITIES Walker will collect all field data, perform all analyses, and prepare and present the parking plan. This proposal assumes that the City will provide historical parking data, previous parking and traffic study reports, community plans, and a list of future development projects. It also assumes that the City will make its personnel available for interviews, provide meeting room space, identify key stakeholders for Walker contact, distribute an electronic survey form weblink, coordinate and schedule meetings, and review and comment on the draft plan. WALKER Darryn Burich eaeKiNC corvsuirnNrs December 19, 2014 Page 13 PROFESSIONAL FEE Walker will bill this project on a lump sum fee basis, including all project- related expenses. Our lump sum fee is $49,877. FEE STRUCTURE FOR DOWNTOWN OSHKOSH PARKING STUDY MANOUR BREAKDOWN Principal- Project Technical in- Poiicy TASK Mana er Advisor Char e S ecialist Planner Su orf Subtotals Meetin s 32 - - - - - 32 Su I/Demand Anal sis 20 4 - 4 32 4 64 Alternatives Anal sis 20 4 16 - 16 4 60 Parking Policy and PracTices Review 16 4 - 24 4 4 52 Financial Plan 20 4 - 4 8 4 40 Plan Document 16 8 8 4 16 8 60 SUBTOTALS 124 24 24 36 76 24 308 EST. REIMBURSAB�E EXPENSES Unit Cost Quantit Fer Service $ 47.00 x 3 - $ 1,735 Lod in 50.00 x 6 = 900 Meals 40.00 x 8 = 320 Milea e 0.56 x 75 = 322 SUBTOTALS $ 3,277 BASE SERVICES FEE ESTIMATE - PROFESSIONAL FEES + EXPENSES $ 49,877 Note: Walker will provide all services described within its proposaL The City is requested to identify proposed future development projecis and provide past relevent plans and studies and base maps, if available. City to also provide meeting room space for local project and stakeholder meetings and help identify and coordinate with stakeholders. .,, _ � WAI.KER PARKING CONSULTANTS Sincerely Yours, WALKER PARKING CONSULTANTS �1�� w` ,e-ic. John Dorsett Senior Vice President Enclosures: General Conditions of Agreement for Consulting Services AUTHORIZATION Darryn Burich December 19, 2014 Page 14 Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. CITY OF OSHKOSH Accepted by (Signature): Printed Name: Title: Date: GENERAL CONDITIONS OF AGREEMENT WALKER FOR CONSULTING SERVICES rneKiNCCONSUirnNTs PAGE 15 OF 15 SERVICES Walker Parking Consultants ("WALKER") will provide the CLIENT professional services that are limited to the work described in the attached letter ("the services"). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without WALKER's specific written consent will be at CLIENT's sole risk. PAYMENT FOR SERVICES Prior to commencement of services the CLIENT agrees to make an Initial Payment to WALKER in an amount equal to 20% of the total fee or as stated in the attached letter. This amount will be credited to the last invoice�s) sent to the CLIENT. WALKER will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, WALKER may, at its option, suspend or withhold services. The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (l Yz%) per month of any unpaid balance of the invoice. STANDARD OF CARE WALKER will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. WALKER's liability caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater. Any estimates or projections provided by WALKER will be premised in parf upon assumptions provided by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to ihe accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. � � I �ATE�MMIODrYYV) 4�R0 CERTIFICATE OF LIABILITY INSURANCE 6/4/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELV OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenl. A statement on this certificate does not coMer rights to the certificate holder in lieu of such endorsement(s�. PRODUCER NTA � CBitB�pCiaoII11II¢.COm NAME: Pi0£E6610nfl1 COIICB te InBUidIICE A enc IIIC. PMONE (800)969-4041 �FAx (8001969-1081 P 4 Y. _ ylA/c dol: ._.__ 1127 South Old US Highway 23 �ooa�ess:certa�pciaouliae.com ._. T MI 48114-9861 INSUREO Walker Parkiag Coneultaate Engiueeze, Inc. 1660 S HIGHWAY 100 SUITH 424 MINN6APOLIS MN 55416 i) AFFORDING Iadem. C ualty & Suret Ine. Co. �VERAGES CER7IFICATE NUMBER:15-16 #21 $1PL $2UM8 REVI510N NUMBER: THIS IS TO CERTIFV THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONJITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WI7H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. X COMMERCIAL GENEML LIABILITY A CLAIMS-MADE � OCCUR X {'��COntiaCtuldl Lidb � X, C, U, GEN'L AGGREGATE LIMIT APPLIE$ PER: POLICV � Pfta i� JECT �� `AUTOMOBILE LIABILITY B X qNV AUTO ` ALLOWNED � SCMEWLED AUTOS AUTOS NON-0WNED � X HIRED AUTOS X AUTOS I X� UMBRELLAIIAB I X I OCCUR `— � C I E%CE55 LIAB I�' GWMS-MP DED� RETENTION$ 10 0� WORKERSCOMPENSATION AND EMPLOYERS' LINBILITY ,. ANV PROPRIETOWPARTNERIE%EGUTIVE r OFFlCEftIMEMBER EXCLUDED4 L D �ManCarorv In NH) E IiProfeeeiondl Liability X � Y fi801B39L533 68018f'lL188 - G 6803303L828 - PL PACPI8SBL308 - TE R y HA488'lN569 CUP1D319'199 R Y NIA' y UB3'/]Sx829 OPR9123661 5/23/2015 I 5/]3/2016 $ COMBINED SINGLE LIMIT $ Ea acciCent BODILVINJURV(PBrpereon) $ 5/23/2015 5/23/]Ol6 BODILVINJURV(Peratttitlent) $ PROPERTV DAMAGE $ I aer acciaern _� $ EACH OCCURRENCE 5/23/2015 I 5/23/]016 I AGGREGATE �� � X_�STATUTE EL EACH ACC 5/23/2035 5/23/3016 E.L.DISEASE- 5/33/3015 II 5/33/2016 I PerClaim Aggregate 1,000,000 300,000 5,000 1,000,000 2,000.000 2.000,000 1,000,000 ''�$ 1,000,000 �LOVEE $ 1, 000, 000 ' LIMIT $ � 1, 000, 000 $ 1,000,000 $ 1,000,000 DESGRIPTION OF OVEftATIONS / LOC/TIONS I VEHICLES (RCORD 101. Atltlllional Ramarka ScM1eCule. may ba attacM1eG H more spece la rapulreC) Project: 21-4111.00 City of Oahkoah, aad ita officere, couacil membera, agenta, employeee and authorized voluateere are coasidered additional iaeured with reepecte to geaeral and auto liability coverage ae long ae required withia a writtea contract. l4aiver of eubzogation ia favor of certificate holder and additioaal ineured'e ae loag as requized withia a writtea coutract. Coverage ie coaeidered primary and aoa-coatributory where applicable. 30 day written notice provided to certificate holder and additioaal iaeured'e for caacellation of coveragee liated. 10 day aotice to certificate holder and additioaal SHOULD ANY OF THE ABOVE DESCRIBED POLILIES BE CANCELLED BEFORE City Of OHhkOeh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clei'k ACCORDANCE WITHTHE POLICV PROVISIONS. 215 Church Avenue PO SOX 1130 AUTHORIZEUREPRESENTATIVE Oehkoah, WI 54903-1130 ��/ Mike Cosgrove/PAT „`"�"`� ����✓� �O 7988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD IN509S nm en+� Poliry No. BA4887N564 Pollcy Perlod: OS/23/2015-OS/23/2016 COf�1ME�CIAL A11T0 TH15 ENUpRSEMENT GFIANGES THE POLfCY. PLEASE READ 17 CAREFULLY. BtANKET ADDITIONAL INSURED This enduisernent muili6c; insur2nu. provida: un]e�L1e fcllowing: 6VS1NEiS AUTO �O`lER.4VE �Of:i1 MOTOR C,+;RRIER COVE W1GE FORti1 TRUCKERS CDVEWI^E FOR�A Y�tilh r�spect to coverage pio�ilded by t�ls entloi:r.- a�ernrt�p rx+nUa3l ot a;Jreerueni llinl in signnl �nd men!, the pm��isinns of Ihr. Covempe famn 2pph' exen�lcAhyyC+ah?fofethe'11udi�yini�ip�"cr"pr�p�rty un n.r.� mrMihM hy thr, r,ndorscmr,nt. damape" oorurs and tfiac Is in e8ect d�ring the :,o�icy Tha fallowing is added u the Section 11 - Liability o°-no� le an 'Insurcxf' tnr Vei�ili�y Gaveragr,, bul only Coverage, Peragraph A.7. Whu Is An Insured ?ro- fOf d•umagrs iC whiCh LfiS InSUfEnCe aDPIiES &�d Only visi�n: tv 1he eextont ihat parson o� oraanizatlon quallfles as an "insured' unde-!ha Who Is An IusweJ provision Any pafwn uf ui?i�+uicatiuu ueal yuu e:e reyu�:e9 m COOldine�l in SecGun II. intiude as addi4ional insu�e� on Ihe Cwerape Foim in � � a� �� CA T6 37 08 08 c. �uCa The Tiaeelxre GomPa��les Ine_ Paye 1 of 1 N>Y!Y Policy No. BA4887N564 Policy Period: OS/23/2015-05/23/2016 COMM[RCIAL AUTO THIS ENDQRSEAAENT CHANGE5 THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATIDN This eldnrsement modlfes insisrance provided underthe folla��.anp: 0 W MEGS AUTO C�VEWtGE FORM GARAGE COVERA[.;E FORAA M�1'Uft G:,kt21ER COVERAGE FGRh9 TRUCK�R& fiOVEI�fiGE FO��v1 LViLi respcct to wvcraQ� providcd 'uy this endorse me�t, the prov�sivns af ihe Cvreraga =�rrn apply uiiless modified �y ihe =ndorsernenf. Parngroph 6. Tronsfer ol Righk^, Of Recovery against omers 7o as ot tne GUNII�f�UNS section is renlaced bvtt? followina�. 5. Yranster Df Riqhts Of Re�overy Againsl 6th- ers Ta Us We �vaive any nght ot recavory• we may have againsl any person or arcani�alion lo the exlent required of you by a+vririan confrad executed privr iv any ..acciaeni^ oi '7ass", proviAea iPai �e "aceident" or'lo�s" niises ou[ uf Ihe upe�alions Conlemplab?d [•y yrai conlr�G. -ne �vaiver ap� piip5 only t� lhr. pr.rsnn nr nrtlani�ation Ar.:ip- natad in such convaci. CA T3 60 OB 08 f:2L08 TYe'-a�.rolore Compa-ios, inc. Pd�2 7 Of 1 Policy N fiP0] Ai9I.531 Insured:WalkerParkingConsu�antsEngineering,Inc. Poliry Period:05/23/2015- OS/232016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. - T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine nghts, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force - Bodily Injury Or Property Damage D. Non-Owned Watercrak - Increased To Up To 75 feet E. AircraftChartered With Crew F. Extension Of Coverage - Damage To Premises Rented To You G. Malicious Prosecution - Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured - Owner, Manager Or Lessor Of Premises K. Additional Insured - Lessor Of Leased Equipment L. Additional Insured - State Or Political Subdivi- sions - Permits Relating To Premises M. Additional Insured - State Or Political Subdivi- sions - Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. ot the Com- mon Policy Declarations is amended as fol- lows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, N. Additional Insured - Architect, Engineer Or Surveyor O. Who Is An Insured - Newly Acquired Or Formed Organizations P. Who Is An Insured - Unnamed Partnership Or Joint Venture - Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Oflense S. UnintentionalOmission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily Injury Defnition V. Amended Insured Contract Defnition - Railroad Easement W. Amended Property Damage Defnition-Tangible Property X. Additional Definition - Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage PaA. B. INCIDENTAI MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY CG D3 79 09 07 �' 2007 ihe Travalers Companies, �nc. Page t of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- ABILITY in COVERAGES (Section I): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa- maritan services" to a person, other than a co-"employee" or "volunteer worker", will be deemed to be caused by an "occurrence". For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions in the fumishing of the services to any one per- son will be deemed one "occurrence". 2. As used in this Provision B.: r-w b. "First aid" means medical or nursing ser- vice, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispensing of drugs or medical supplies or appliances; "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any of your "employees", who are not employed as a doctor or nurse by you, but only while peo- forming the services descnbed in Paragraph 1. above and while acting within the scope ot their employment by you. Any such "employ- ees" rendenng "Good Samaritan services" will be deemed to be acting within the scope of Iheir employment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I): Sale of Pharmaceuticals "Bodily injury" or "property damage" aris- ing out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge ar consent of Ihe insured. 5. The insurance provided by this Provision B. shall be excess over any valid and collectible other insurance available to the insured, whether pnmary, excess, contingent or on any other basis, except for insurance pur- chased speciFlCally by you to apply in excess of the Limits of Insurence shown in the Decla- rations for this Coverage Part. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is de- leted and replaced by the following: Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This ezclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect any person or property. D. NON-0WNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The exception contained in Subparagraph (2) of Ihe Aircrak, Auto Or Watercrak Exclu- sion in 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section II) is amended to include as an in- sured any person who, with your expressed or implied consent, either uses or is respon- sible for the use oi the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifcally by you to apply in excess of the Limits of Insurance shown in the Decla- re[ions for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW �. The following is added to the ezceptions con- tained in the Aircraft, Auto Or WatercraH Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section I): Aircraft chartered with crew, including a pilot, to any insured. Page 2 of 8 R'' 2007 7he Trave�ers Comvanies, �nc. CG D3 79 09 07 2. This Provision E. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether pnmary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you lo apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fre, ezplo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as descnbed in LIMITS OF IN- SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or G. swelling of the contents of any building or structure, caused by or resulting from wa- ter, or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: COMMERCIAL GENERAL LIABILITY any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such dam- age results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for lhis Coverage Part. 4. Paragraph a. of the definition of "insured con- tract" in DEFINITIONS (Section 1� is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, Ihat portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fre; explosion; lighining; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contracY; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section I) is excluded by another endorsement to this Coverage Part. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: Subject to 5. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 (&'• 2007 7he Travelers Companies, Inc. Page 3 Of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is increased to $10,000. I. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COV- ERAGES (Sectlon I) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization Ihat you have agreed in a wntract or agreement to include as an additional insured on this Coverage Part, but a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an oftense committed, after you have entered into that contract or agreement; and b. Only ii the "bodily injury", "property dam- age" or "personal injury" is wused, in whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and anses out of the ownership, maintenance or use of that part of any premises leased to you under that contrad or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: � a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in [he Declaretions for this Coverege Part, whichever are less; and b. The insurance afforded lo such additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an oftense committed, af- ter you cease to be a tenant in that premises; (2) Any strudural alterations, new con- struction or demolition operations pertormed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifcally is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section 11) is amended to inGude as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in parl, by acts or omissions of you or any person or organization per- forming operetions on your behalf, in Ihe maintenance, operation or use of equip- ment leased to you by such additional in- sured 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- trad or agreement, or the limits shown in the Declarations for this Goverage Part, whichever are less; and b. The insurance afforded [o such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commi4 ted, after the equipment lease ex- pires; or Page 4 of 8 �' 2007 The 7ravelers companies, ma CG D3 79 09 07 (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifcally is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the ezistence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDNISIONS - PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of operations performed by you or on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an insured for: 1. "BOdily injury", "property damage", "personal injury" or "advertising injury" arising out of operations pertormed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within Ihe "products - completed operations hazard". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED - ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) lo include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a"contrect or agreement requiring insurence" to indude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" Ihat is caused, in whole or in part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your woilc". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. O. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section II) is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired orformed organiza- tion that you report in wnting to us within 180 days after you acquire or form the organization will be covered under this ,provision until the end of the policy pe- riod, even if there are more than 180 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED - UNNAMED PART- NERSHIP OR JOINT VENTURE - EXCESS t. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: No person or organization is an insured with respect to the conduct oi any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 �' 2007 The Trevelea Companies, Inc. Pege 5 of 6 COMMERCIAL GENERAL LIABILIN 2. 3. However, this exclusion does not appty to your liability with respect to your conduct of the business of any current or past partner- ship orjoint venture: a. That is not shown as a Named Insured in the Common Policy Dedarations, and b. In which you are a member or partner where each and every one of your co- ventures in that joint venture is an archi- tectural, engineering, or surveying firm. This Provision P. does not apply to any perv son or organization for which coverage is ex- cluded by another endorsement to this Cov- erage Part. The insurance provided by this Provision P. shall be ezcess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. O. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for Ihe sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera- tions at a single "project". 2. The following is added to LIMITS OF IN- SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "projecP for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Projed Gen- eral Aggregate Limit for that "project", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "projecY'; b. The General Aggregate Limik or c. The Produds-Completed Operations Ag- gregate Limit. The limits shown in the DeGarations for this Coverage Part for Each Occuvence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when ihe Per Pro- ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are pertorming operations pursuant to a contract or agreemenL For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "projecC' that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad shall be considered a sin- gle "project". R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an oflense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or oRense has been reported to you, one of your "execuGve officers" (if you are a corporetion), one of your partnere who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. . Page 6 of 8 CG' 2007 7ne Travalers Companies, �na CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good taith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive oKcers" (if you are a corporation), one of your partners who is an individual (it you are a partnership), one of your managers (if you are a limited liability company�, one of your trustees who is an individ- ual (if you are a�VUSt), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrence" or offense may involve Ihis policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Settion N): The unintentional omission ot, or uninten- tional error in, any iniormation provided by yau which we relied upon in issuing this pol- icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any nghts of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Yourwork";or COMMERCIAL GENERAL LIABILITY 4. "VOUr products". We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" oRense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The defnition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow- ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injury or illness, or emotional distress, resWting at any time from such physical harm, sickness or disease; or a Care, loss oi services or death resulting at any time from such physiral harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION - RAILROAD EASEMENT 1. Subparegraph c. of the definition of "insured contracY' in DEFINITIONS (Section � is de- leted and replaced by Ihe following: c. My easement or license agreement; 2. Subparagraph f.�1) of the definition of "in- sured contract" in DEFINITIONS (Section � is deleted. W. AMENDEU PROPERTY DAMAGE DEFINITION —TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physiral injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss oi use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, tangible prop- erty does not include data. CG D3 79 09 07 (�' 2007 The 7ravelers Companies, �nc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— DEFINITIONS: "Contract or agreement requiring insurance" means that part of any contrect or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contrect or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end oi the policy period. Page 8 of 8 �� 2om ihe irave�ers comvanies, �nc. CG D3 79 09 07 Poliry a 680184]L188 - CA poGry Period: OS/23/2015- OSR32016 PolicyN 6801839L533 vouryaeaozso��axa-F� COMMERCIAL GENERAL LIABILITY Poliry# PACPI898L308 - TX Insured: Walicer Puking Consuhanls Engineers, lnc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability �or "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behali: a. In the performance of your ongoing opera- tions; b. c. In connection with premises owned by or rented lo you; or In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverv age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to lhe addi- tional insured shall be the limits which you agreed in that "contrect or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase Ihe limits o( insurance stated in the LIMITS OF INSURANCE (Sectlon III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a"coniract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a pnmary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will nol share with the other insurance, provided thaC (1) The "bodily injury" or "property damage" for which cwerage is sought occurs; and (2) The "personal injury" tor which coverage is sought arises out of an offense commiried; after you have entered into that "contrad or agreement requinng insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Trensfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILRY CON- DITIONS (SeMion IV): We waive any rights of recovery we may have against any�person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a"contract or agreement requinng insurance" with [hat person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requinng insur- ance" with such person or organization entered into by you before, and in effecl when, the "bodily CG D3 81 09 07 02007 The 7ravelers Companies, Inc. Pege 1 Of 2 Inclutles Ne copyrigh�ed malerial of Insurence Services OKce, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- sonal injury" oflense is committed. D. The following defnition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreemenk b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 OO 2007 7he 7ravelers Companies, Ina CG D3 81 09 07 Indudes the copyn9hted matarial oi Insurance Services Office, Inc., with its permission Poliry No. CUP7 D319744 Walker Parking Coneultants/Engineers, Inc. Poliry Pcriod: 05/23/2015-OS/23/201b UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Paragraph 2.f. of SECTION II — WHO IS AN IN- SURED is deleted and replaced by the following: f. Any other person or organization insured under any policy of the "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. This insurance is subject to all the provisions and limi- tations upon coverage under such policy of "un- derlying insurance", and, the limits of insurance afforded to such person or organization will be: (i) The difference between the "underlying in- surance" limits and the minimum limits of in- surance which you agreed lo provide; or (ii) The limits of insurance of this policy whichever is less. �JM 04 4$ 0$ �s O 2006 The St. Paul Travelers Companies, Inc. Pe9B 1 Of 1 Nolicy No. CUPI D319744 Policy Period: OS/23/20L5-05/23/2016 Walker Pa�king Consnitants/Hngineecs, Inc. UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 71., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., ot SECTION IV — "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but onty for payments we make because of: UM 04 88 07 OS 02008 The Travelers Companies. Inc. Page 1 Of 1 Includes the copyrighted matenal of Insurence Services ORice, Inc. with its permission. Walker Parking Consultan[s/Engineers, In<. TRAVELERSJ� ON6 TOWBR SQDARS 9ARTPORD, CT 06183 Policy Pe�iod: OS/23/2015-OS/23/2016 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: UH-3721T829 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 3.0 % of the California workers' compensation pre- mium. Schedule Person or Organization ANY PHRSON OR ORGANIZATION FOR WfiICH THH NAMSD INSURBD HAS AGRBHD BY WRITTEN CONTRACT HXECUT6D PRIOR TO LOSS TO FURNISH THIS WAIV6R. Job Description This endorsement changes the policy to which it is atlached and is effective on the date issued unless otherwise slated. (The information below is required only when this endorsement is issued subsequent to preparetion of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company OS-02-2015 � � Countersigned by